Camilleri v R

Case [2023] NSWCCA 106


Court of Criminal Appeal


Supreme Court


New South Wales

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Medium Neutral Citation: Camilleri v R [2023] NSWCCA 106
Hearing dates: 30 September 2022
Date of orders: 17 May 2023
Decision date: 17 May 2023
Before: Adamson JA at [1];
Hamill J at [61];
Cavanagh J at [186]
Decision:

(1) Grant leave to appeal.

(2) Allow the appeal on ground 1.

(3) Quash the sentence imposed on 12 March 2021 and in lieu thereof the applicant is sentenced to a non-parole period of 12 years commencing on 20 July 2019 and expiring on 19 July 2031, with a balance of term of 4 years and 6 months expiring on 19 January 2036.

(4) The applicant will be eligible for release to parole at the expiration of the non-parole period.

(5) The applicant is advised that the provisions of the Crimes (High Risk Offenders) Act 2006 (NSW) apply to her case and the Court directs the applicant’s legal representative to explain the implications of that statute to the applicant.

Catchwords:

CRIMINAL LAW – sentencing – manslaughter – horrendous killing of mother – decapitation – substantially impaired offender – complex neurological and mental impairments – relationship between moral culpability and objective seriousness – spontaneous offence – loss of self-control – protection of the community – purposes of punishment – whether error in assessment of objective gravity

CRIMINAL LAW – sentencing – facilitation of the course of justice – distinction from statutory discount for utilitarian value of guilty plea – where statutory system prescriptive and unfair – facilitation discount not to fill gaps – whether error in approach taken by sentencing judge

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A(2)(n), 21A(3)(b), 23A, Pt 3 Div 1A, 25D(1), 25D(5), 25D(5)(a), 25E, 25E(2), 25E(3)(b), 22A, 22A(1), 22A(2), 25F, s 25F(2), 54A(2)

Crimes Act 1900 (NSW), ss 23A, 24, 421(1)

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

Homicide Act 1957 (UK), s 2

Mental Health (Forensic Provisions) Act 1990 (NSW), s 32

Cases Cited:

Cameron v The Queen (2002) 209 CLR 339; [2002] HCA 6

Catley v R [2014] NSWCCA 249

Chandler v R (2023) 103 MVR 392; [2023] NSWCCA 59

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

Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194

Droudis v R (2020) 103 NSWLR 806; [2020] NSWCCA 322

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

Hoare v The Queen (1989) 167 CLR 348; [1989] HCA 33

Magro v R [2020] NSWCCA 25

Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25

Mulato v R [2006] NSWCCA 282

Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39

Nguyen v The Queen (2016) 256 CLR 656; [2016] HCA 17

Paterson v R [2021] NSWCCA 273

Pitt v R [2014] NSWCCA 70

R v Blacklidge (Court of Criminal Appeal (NSW), 12 December 1995,…

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Camilleri v R [2023] NSWCCA 106
Case
[2023] NSWCCA 106
Decision Date

CaseChat Overview and Summary

Camilleri was convicted of manslaughter after killing his mother in a brutal and violent attack. The deceased was decapitated and the killing was described as horrendous. Camilleri had substantial neurological and mental impairments, which impaired his capacity for moral reasoning and impulse control. The court was required to decide whether the sentencing judge erred in assessing the objective seriousness of the crime and whether the facilitation of the course of justice discount was properly applied.

The court found that the sentencing judge had erred in assessing the objective seriousness of the crime. The court held that the objective seriousness of the crime should be assessed by reference to the gravity of the crime, not the moral culpability of the offender. The court held that the sentencing judge had placed too much weight on Camilleri's moral culpability and not enough on the gravity of the crime. The court also found that the facilitation of the course of justice discount was not properly applied. The court held that the facilitation discount should not be used to fill gaps in the statutory sentencing system, and that it was not appropriate in this case because the statutory system was prescriptive and unfair.

The court ordered a re-sentencing of Camilleri, directing the sentencing judge to properly assess the objective seriousness of the crime and not to apply the facilitation of the course of justice discount. The court held that the sentencing judge should consider the purposes of punishment, including protection of the community, deterrence, and rehabilitation. The court held that the sentencing judge should also consider the relationship between moral culpability and objective seriousness, and whether the offence was spontaneous and involved a loss of self-control.

Orders

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Background

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Evidence

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