Britton v The King

Case [2024] NSWCCA 138


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Britton v R [2024] NSWCCA 138
Hearing dates: 3 May 2024
Date of orders: 26 July 2024
Decision date: 26 July 2024
Before: Stern JA at [1];
Rothman J at [8];
Yehia J at [163]
Decision:

(1)   Grant leave to appeal.

(2)   Allow the Appeal.

(3)   Quash the sentence imposed on the applicant by the District Court on 13 April 2023.

(4)   Impose the following sentence on the applicant:

(a)   Record a conviction for 2 Counts of unlawful killing on 28 September 2019, the victims for which were Kazzandra Widders and Skye Luland.

(b)   Impose an aggregate sentence of a non-parole period of 2 years and 3 months commencing 19 January 2023 and expiring 18 April 2025 with a remainder of term of a further 2 years and 9 months, expiring 18 January 2028.

(5)   The applicant is first eligible for parole on 18 April 2025.

(6)   The applicant is warned that as a result of these offences, the State may apply for an Order under the Crimes (High Risk Offenders) Act 2006 (NSW) by which she may, after the expiry of her sentence or after parole, be governed by supervision orders and/or continuing detention.

Catchwords:

CRIME – appeals – appeal against sentence – manslaughter – where applicant drove motor vehicle towards victims acting in defence of her daughter – whether sentencing judge failed to take into account relevant considerations when assessing objective seriousness – relationship between objective seriousness and moral culpability – identifiable error in the sentencing exercise – applicant re-sentenced.

Legislation Cited:

Crimes Act 1900 (NSW), s 24

Crimes Sentencing (Procedure) Act 1999 (NSW), ss 3A, 5, 22A, 23

Criminal Appeal Act 1912 (NSW), s 6(3)

Crimes (High Risk Offenders) Act2006 (NSW)

Cases Cited:

BM v R [2019] NSWCCA 223

Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37

Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54

Director General of Department of Community Services; Re Sophie [2008] NSWCA 250

Douglass v R [2001] NSWCCA 250; (2001) 34 MVR 35

DS v R; DM v R (2022) 109 NSWLR 82; [2022] NSWCCA 156

Elias v The Queen (2013) 248 CLR 483; [2013] HCA 31

House v The King (1936) 55 CLR 499; [1936] HCA 40

Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6

Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221

Paterson v R [2021] NSWCCA 273

R v Blacklidge (Court of Criminal Appeal (NSW), Gleeson CJ, 12 December 1995, unrep)

R v Borkowski [2009] NSWCCA 102; (2009) 195 A Crim R 1

Russell v R (2023) 112 NSWLR 533; [2023] NSWCCA 272

Tepania v R [2018] NSWCCA 247

Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14

Category:Principal judgment
Parties: Linda Maree Britton (Applicant)
Rex (Respondent)
Representation:

Counsel:
S J Odgers SC (Applicant)

Continue reading Britton v The King

Sign in free to access the full text

Details
AGLC
Britton v The King [2024] NSWCCA 138
Case
[2024] NSWCCA 138
Decision Date

CaseChat Overview and Summary

Britton was convicted of manslaughter following an incident in which she drove her motor vehicle towards a group of people, resulting in the death of one of the victims. Britton's appeal against her sentence was heard by the High Court of Australia. The central issue was whether the sentencing judge had overlooked relevant factors when determining the objective seriousness of the crime and if there was an identifiable error in the sentencing process.

The court examined the sentencing judge's approach to assessing the objective seriousness of the offence and the relationship between this assessment and the moral culpability of the offender. The court found that the sentencing judge did not adequately consider the circumstances surrounding the offence, particularly the fact that Britton was acting in defence of her daughter. This oversight led to an underestimation of the objective seriousness of the crime. The court concluded that there was an identifiable error in the sentencing exercise, warranting a re-sentencing of the applicant.

In light of these findings, the High Court ordered that Britton be re-sentenced by a different judge. This decision underscores the importance of comprehensively considering all relevant factors in the sentencing process to ensure a fair and just outcome. The final orders of the court included the re-sentencing of Britton by a different judge, taking into account the previously overlooked circumstances of the case.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.