Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Steven John ADAMS v R [2011] NSWCCA 47 Hearing dates: 22 September 2010 Decision date: 16 March 2011 Before: Campbell JA
Latham J
Price JDecision: 1. Leave to appeal is granted.
2. Appeal allowed.
3. Quash the sentences imposed by Finnane DCJ on 27 March 2009.
4. On count 1 of the indictment, impose a
non parole period of 2 years and 6 months to date from 27 September 2009, expiring 26 March 2012, with a balance of term of one year and 6 months, expiring 26 September 2013.
5. On count 2 of the indictment, impose a non parole period of 12 months, to date from 27 June 2009, expiring 26 June 2010, with a balance of term of 6 months expiring 26 December 2010.
6. On count 3 of the indictment, impose a non parole period of 12 months, to date from 27 March 2009, expiring 26 March 2010, with a balance of term of 6 months expiring 26 September 2010.
The applicant is eligible for release to parole on 27 March 2012.
Catchwords: CRIMINAL LAW - sentencing - maliciously wound with intent to cause grievous bodily harm - whether open to sentencing judge to take into account an injury not inflicted during principal offence - parity - whether subjective circumstances of offenders justify significant distinction Legislation Cited: Crimes Act 1900
Criminal Appeal Act 1912Cases Cited: Haoui v R [2008] NSWCCA 209
McCullough v R [2009] NSWCCA 94
Wilkins v R [2009] NSWCCA 222
Bourke v R [2010] NSWCCA 22Category: Principal judgment Parties: Steven John Adams - (Applicant)
Regina - (Crown Respondent)Representation: Counsel:
I H Wallach - (Applicant)
PG Ingram - (Crown Respondent)
Solicitors:
Carlo Bianchino - (Applicant)
S Kavanagh, Solicitor for Public Prosecutions - (Respondent)
File Number(s): 2007/11909006 Decision under appeal
- Date of Decision:
- 2009-03-27 00:00:00
- Before:
- MJ Finnane QC
- File Number(s):
- 2007/11909006
Judgment
CAMPBELL JA : I agree with Latham J.
LATHAM J : The applicant seeks leave to appeal against a sentence imposed by Finnane QC DCJ (the Judge) on 27 March 2009, following the applicant's conviction after trial upon an offence of maliciously wound with intent to cause grievous bodily harm, pursuant to s 33 of the Crimes Act 1900 (count 1).
The offence carries a maximum penalty of 25 years imprisonment and a standard non parole period of 7 years. The applicant was sentenced to a non parole period of 3 years, with a balance of term of 2 years. The applicant was also convicted and sentenced on two counts of assault occasioning actual bodily harm, but those sentences are not challenged. On each of those two offences, the applicant received a sentence of 18 months, comprising a non parole period of 12 months. A degree of accumulation, which resulted in an aggregate non parole period of 3 years and 6 months, with a balance of term of 18 months, is impliedly challenged by a ground alleging…
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- AGLC
- Adams v R [2011] NSWCCA 47
- Case
- [2011] NSWCCA 47
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the sentencing judge had the authority to consider an injury not directly related to the offence of wounding with intent, and whether parity considerations justified a significant distinction in sentencing based on the subjective circumstances of the offender. The court needed to determine if the sentencing judge's consideration of an extraneous injury and the impact of parity on sentencing were appropriate in this case.
The court held that the sentencing judge did not err in taking into account the extraneous injury as it was relevant to the overall context of the offender's criminal conduct and its impact on the victim. The court further found that while parity was an important consideration, the significant distinction in sentencing based on subjective circumstances of the offender was not warranted. The court concluded that the sentence imposed was appropriate given the totality of the circumstances, including the nature of the offence and the impact on the victim.
The final orders of the court affirmed the conviction but directed that the case be remitted to the sentencing judge for reconsideration of the sentence, taking into account the court's findings on the issues of extraneous injuries and parity.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: LATHAM J, PRICE J
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