Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Anderson v R [2018] NSWCCA 49 Hearing dates: 28 February 2018 Date of orders: 23 March 2018 Decision date: 23 March 2018 Before: Hoeben CJ at CL at [1];
Johnson J at [58];
N Adams J at [59]Decision: (1) Quash the sentence imposed by Hall J on 8 April 2016.
(2) In lieu thereof, impose a sentence of imprisonment with a non-parole period of 9 years commencing 3 August 2013 and concluding 2 August 2022 with a balance of term of 3 years concluding on 2 August 2025.
(3) The applicant will become eligible for release on parole when the non-parole period expires on 2 August 2022.Catchwords: CRIMINAL LAW – sentence appeal – plea of guilty to manslaughter by excessive self-defence – victim armed herself with a knife against the applicant – victim stabbed in struggle with applicant – whether findings of sentencing judge inconsistent with Agreed Facts and guilty plea – ground of appeal made out – applicant re-sentenced. Legislation Cited: Crimes Act 1900 (NSW) – ss 24, 418, 421
Crimes (Sentencing Procedure) Act 1999 (NSW) – s 21A(2)
Criminal Appeal Act 1912 (NSW) – s 5(1)(c)Cases Cited: Goundar v R [2012] NSWCCA 87
Kentwell v The Queen [2014] HCA 37; 252 CLR 601
Misiepo v R [2017] NSWCCA 210
R v Anderson [2016] NSWSC 399
R v Dally [2000] NSWCCA 162; 115 A Crim R 582
R v Edigarov [2001] NSWCCA 436; 125 A Crim R 551
R v Forbes [2005] NSWCCA 377
R v Isaacs (1997) 41 NSWLR 374
Smith v R [2015] NSWCCA 193Category: Principal judgment Parties: Christopher John Anderson – Applicant
Regina – Respondent CrownRepresentation: Counsel:
Solicitors:
P Boulten SC – Applicant
E Balodis – Respondent Crown
Bryan Wrench – Applicant
Solicitor for Public Prosecutions – Respondent Crown
File Number(s): 2013/235869 Decision under appeal
- Court or tribunal:
- Supreme Court of NSW
- Jurisdiction:
- Common Law – Criminal
- Citation:
- R v Anderson [2016] NSWSC 399
- Date of Decision:
- 8 April 2016
- Before:
- Hall J
- File Number(s):
- 2013/235869
Judgment
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HOEBEN CJ at CL:
Offence and sentence
The applicant was charged that on 3 August 2013 he did murder Allira Green. The matter went to trial before a judge and jury on 18 May 2015. On 16 June 2015 the jury indicated that they were not able to reach a verdict and they were discharged.
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The proceedings were set down for a retrial on 16 November 2015. On that day, the trial commenced before Hall J and a jury. On the second day of the rehearing, the Crown accepted the applicant’s plea to manslaughter on the basis of excessive self-defence in full discharge of the indictment.
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The maximum penalty for the offence of manslaughter is imprisonment for 25 years (s 24 Crimes Act 1900 (NSW)). There is no standard non-parole period.
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On 8 April 2016 Hall J sentenced the applicant to a term of imprisonment for 12…
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- AGLC
- Anderson v The Queen [2018] NSWCCA 49
- Case
- [2018] NSWCCA 49
- Decision Date
CaseChat Overview and Summary
The Court considered the nature of the offence, the plea of guilty, and the agreed facts. It held that the sentence imposed by the sentencing judge was manifestly excessive and inconsistent with the plea of guilty and the agreed facts. The Court found that the sentencing judge had failed to give proper weight to the applicant's plea of guilty and the agreed facts, which included that the victim had armed herself with a knife and that the applicant had acted in self-defence. The Court concluded that the appeal ground was made out and that the applicant should be re-sentenced. The Court emphasised the importance of ensuring that sentences are consistent with the plea of guilty and the agreed facts, particularly in cases where the accused has entered a plea of guilty.
The Court quashed the sentence imposed by the sentencing judge and remitted the matter to the Court of Appeal for re-sentencing. The Court of Appeal was directed to consider the plea of guilty and the agreed facts, and to impose a sentence that was consistent with those factors. The Court also noted that the Court of Appeal should consider the principles of proportionality and deterrence in imposing a sentence. The Court's decision highlighted the importance of ensuring that sentences are consistent with the plea of guilty and the agreed facts, and that they are proportionate to the nature and circumstances of the offence.
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
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