[2017] TASCCA 18
COURT: SUPREME COURT OF TASMANIA (COURT OF CRIMINAL APPEAL)
CITATION: Armstrong v Tasmania [2017] TASCCA 18
PARTIES: ARMSTRONG, Shaun Robert
v
STATE OF TASMANIA
FILE NO: 1860/2017
DELIVERED ON: 5 October 2017
DELIVERED AT: Hobart
HEARING DATE: 3 October 2017
JUDGMENT OF: Blow CJ, Estcourt J and Marshall AJ
CATCHWORDS:
Criminal Law – Appeal and new trial – Appeal against sentence – Grounds for interference – Sentence manifestly excessive or inadequate – Attempted aggravated armed robbery – Sentence of 2 years 6 months' imprisonment with 9 months thereof suspended and eligibility for parole after 10½ months – Remorseful young man with no prior criminal convictions – Not manifestly excessive.
Aust Dig Criminal Law [3521]
REPRESENTATION:
Counsel:
Appellant: P Monk
Respondent: J Dennison
Solicitors:
Appellant: Legal Aid Commission of Tasmania
Respondent: Director of Public Prosecutions
Judgment Number: [2017] TASCCA 18
Number of paragraphs: 24
Serial No 18/2017
File No 1860/2017
SHAUN ROBERT ARMSTRONG v STATE OF TASMANIA
REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL
BLOW CJ
ESTCOURT J
MARSHALL AJ
5 October 2017
Order of the Court (3 October 2017)
Appeal dismissed.
Serial No 18/2017
File No 1860/2017
SHAUN ROBERT ARMSTRONG v STATE OF TASMANIA
REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL
BLOW CJ
5 October 2017
The appellant, Shaun Armstrong, pleaded guilty to a charge of attempted aggravated armed robbery. Pearce J sentenced him to 2 years 6 months' imprisonment, with 9 months thereof suspended, and eligibility for parole after serving half of the balance of 21 months' imprisonment. The appellant appealed, contending that the sentence was manifestly excessive. At the conclusion of the hearing, this Court dismissed the appeal, reserving its reasons for publication at a later date.
My reasons for joining in the making of the order dismissing the appeal are the same as those stated by Estcourt J and Marshall AJ.
File No 1860/2017
SHAUN ROBERT ARMSTRONG v STATE OF TASMANIA
REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL
ESTCOURT J
5 October 2017
The appeal
The appellant, Shaun Robert Armstrong, appeals against a sentence imposed upon him by Pearce J on 26 June 2017.
His Honour convicted the appellant of the crime of attempted aggravated armed robbery and sentenced him to imprisonment for two years and six months from 9 June 2017, nine months of which were suspended for three years. His Honour ordered that the appellant not be eligible for parole until he had served half of the actual term of imprisonment imposed.
The sole ground of the appellant's appeal is that the sentence was manifestly excessive.
The law
The frequently stated legal principles applicable to appeals against sentence on the ground of manifest excess or inadequacy are clear and well settled. They can be found succinctly stated in Braslin and Cowen v Tasmania [2010] TASCCA 1 at [31]–[34], per Porter J, and in Director of Public Prosecutions (Acting) v Pearce [2015] TASCCA 1 at [8], per Pearce J.
The sentence
The learned sentencing judge…
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CaseChat Overview and Summary
The central legal issue before the Full Court of the Supreme Court of Tasmania was whether the sentence imposed was manifestly excessive, thereby providing grounds for interference on appeal.
The Court considered the principles governing appeals against sentence, particularly the threshold for demonstrating that a sentence is "manifestly excessive." In this instance, the Court found that the sentencing judge had properly taken into account relevant factors, including the appellant's youth, remorse, and lack of prior convictions, alongside the seriousness of the offence. The Court concluded that the sentence, when viewed in its entirety and considering the mitigating factors, was not outside the bounds of what a sentencing judge could reasonably impose. Therefore, the appeal against sentence was dismissed.
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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