Brennan v Tasmania

Case [2022] TASCCA 7


[2022] TASCCA 7

COURT:  SUPREME COURT OF TASMANIA (COURT OF CRIMINAL APPEAL)
CITATION:  Brennan v Tasmania [2022] TASCCA 7
PARTIES:  BRENNAN, Jacob Michael
v
STATE OF TASMANIA
ROTHWELL, William Adair
v
STATE OF TASMANIA
DIRECTOR OF PUBLIC PROSECUTIONS
v
ROTHWELL, William Adair
FILE NOS:  CCA 638/2020
CCA 1001/2020 CCA 3058/2020
DELIVERED ON:  21 June 2022
DELIVERED AT:  Hobart
HEARING DATE:  11 November 2020, 6 June 2021
JUDGMENT OF:  Blow CJ, Wood J, Martin AJ
CATCHWORDS: 

Criminal Law – Appeal and new trial – Appeal against sentence – Grounds for interference – Sentence manifestly excessive or inadequate – Murder – Premeditated intentional vicious killing by two youths aged 17 – Sentence of 26 years' imprisonment with non-parole periods of 15 years not manifestly

excessive.

Aust Dig Criminal Law [3521]

Criminal Law – Appeal and new trial – Appeal against sentence – Grounds for interference – Fresh evidence and events occurring after sentence – Failure to fulfil promise to co-operate and give evidence against

co-accused.

R v Stanley (1998) 7 Tas R 357; Director of Public Prosecutions v Dunne [2021] TASCCA 5, applied.
Aust Dig Criminal Law [3524]

REPRESENTATION:

Appeal 638/2020

Counsel:

Appellant:  R Mainwaring
Respondent:  L A Mason SC and L Pennington

Solicitors:

Appellant:  Tasmanian Legal Aid
Respondent:  Director of Public Prosecutions

Appeal 1001/2020

Counsel:

Appellant:  G Stevens
Respondent:  L A Mason SC and L Pennington

Solicitors:

Respondent:  Director of Public Prosecutions

Appeal 3058/2020

Counsel:

Appellant:  L A Mason SC and L Pennington
Respondent:  G Stevens

Solicitors:

Appellant:  Director of Public Prosecutions
Judgment Number:  [2022] TASCCA 7
Number of paragraphs:  183

Serial No 7/2022

File Nos CCA 638/2020

CCA 1001/2020

CCA 3058/2020

JACOB MICHAEL BRENNAN v STATE OF TASMANIA

WILLIAM ADAIR ROTHWELL v STATE OF TASMANIA

DIRECTOR OF PUBLIC PROSECUTIONS v WILLIAM ADAIR ROTHWELL

REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL
BLOW CJ
WOOD J (dissenting as to 2 appeals)
MARTIN AJ
21 June 2022
Orders of the Court
Appeal 638/2020
Appeal dismissed.
Appeal 1001/2020
Appeal dismissed.
Appeal 3058/2020

1            Time for appeal extended to 22 December 2020.

2            Appeal allowed.

3            Respondent's sentence varied by increasing the parole ineligibility period to 17 years commencing on 16 August 2019.

Serial No 7/2022
File Nos CCA 638/2020

CCA 1001/2020 CCA 3058/2020

JACOB MICHAEL BRENNAN v STATE OF TASMANIA

WILLIAM ADAIR ROTHWELL v STATE OF TASMANIA

DIRECTOR OF PUBLIC PROSECUTIONS v WILLIAM ADAIR ROTHWELL

REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL
BLOW CJ
21 June 2022

1   I agree with the orders proposed by Martin AJ in relation to all three appeals, and with his

Honour's reasons.

2             I agree with all the statements of principle in the reasons of Wood J. The appellants' contentions that their non-parole periods were manifestly excessive call for a value judgment based on the facts of the case and well settled legal principles. Like Martin AJ, and unlike Wood J, I have concluded that the non-parole periods were not manifestly excessive. I acknowledge however that…

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Brennan v Tasmania [2022] TASCCA 7
Case
[2022] TASCCA 7
Decision Date

CaseChat Overview and Summary

The case of *Brennan v Tasmania* concerned an appeal against sentence brought by the appellant, who was one of two youths aged 17 at the time of the offence. The appellant had been convicted of murder, a premeditated and vicious killing, and sentenced to 26 years' imprisonment with a non-parole period of 15 years.

The central legal issue before the Full Court of the Supreme Court of Tasmania was whether the sentence imposed was manifestly excessive or inadequate, thereby providing grounds for interference on appeal.

The Court considered the gravity of the offence, noting the premeditated and vicious nature of the killing perpetrated by two young offenders. After reviewing the relevant sentencing principles and authorities, the Court concluded that the sentence of 26 years' imprisonment with a non-parole period of 15 years was not manifestly excessive. The appeal against sentence was therefore 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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