Reported Decision: 193 A Crim R 300
New South Wales
Court of Criminal Appeal
CITATION: Charlesworth v Regina [2009] NSWCCA 27 HEARING DATE(S): 17/11/08
JUDGMENT DATE:
25 February 2009JUDGMENT OF: Allsop P at 1; Kirby J; Hall J DECISION: (1) The appeal against conviction dismissed
(2) The application for leve to appeal against sentence granted
(3) The appeal allowed
(4) The sentences imposed upon the applicant by O'Connor DCJ on 4 May 2007 are quashed and, in lieu thereof, the applicant is sentenced as follows:
Count 1: To a non parole period of 2 years commencing on 6 April 2006 and expiring on 5 April 2008, with a balance of term of 2 years commencing on 6 April 2008 and expiring on 5 April 2010
Count 2: To a non parole period of 2 years commencing on 6 April 2007 and expiring on 5 April 2009, with a balance of term of 2 years commencing on 6 April 2009 and expiring on 5 April 2011
The first date that the applicant will be eligible for parole is 6 April 2009.CATCHWORDS: Criminal Law - appeal against conviction and sentence - joint criminal enterprise to rob - aid and abet detain for advantage - whether evidence in agreed facts capable of supporting charges - parity with sentences for co-offenders. LEGISLATION CITED: Crimes Act 1900
Criminal Appeal Act 1912CATEGORY: Principal judgment CASES CITED: R v O'Neill [1979] 2 NSWLR 582; (1979) 1 A Crim R 59
R v Sagiv (1986) 22 A Crim R 73 at 81
Liberti (1991) 55 A Crim R 120
Osland v The Queen [1998] HCA 75: (1998) 197 CLR 316
Tangye (1997) 92 A Crim R 545
Stokes and Difford (1990) 51 A Crim R 25
Giorgianni v Regina (1985) 156 CLR 473
Davis v Regina [2006] NSWCCA 392
R v Reid [1973] QB 299; (1972) 2 All ER 1350
R v Campbell and Brennan [1981] Qd R 516
R v MAK; MSK [2006] NSWCCA 381: (2006 167 A Crim R 159
Lowe v The Queen (1984) 154 CLR 606; (1984) 12 A Crim R 408
Postiglione v The Queen (1997) 189 CLR 295; (1997) 94 A Crim R 397
SZ v Regina [2007] NSWCCA 19; (2007) 164 A Crim R 249
MacDonald v Regina [2007] NSWCCA 105TEXTS CITED: Annotated Criminal Legislation NSW (2008/2009 Ed): Howie & Johnson PARTIES: Neil Scott Charlesworth (Appl)
Regina (Resp/Crown)FILE NUMBER(S): CCA 2006/11552 COUNSEL: R Burgess (Appl)
P Miller (Resp/Crown)SOLICITORS: S O'Connor - LAC (Appl)
S Kavanagh - DPP (Resp/Crown)LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): 06/05/2007 LOWER COURT JUDICIAL OFFICER: O'Connor DCJ LOWER COURT DATE OF DECISION: 4/5/07
2006/11552
Wednesday 25 February 2009ALLSOP P
KIRBY J
HALL J
Neil Scott CHARLESWORTH v REGINA
Judgment
1 ALLSOP P: I agree with Kirby J.
2 KIRBY J: Neil Scott Charlesworth (the appellant) was arraigned upon an indictment containing two counts. The first was a charge of…
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- Charlesworth v R [2009] NSWCCA 27
- Case
- [2009] NSWCCA 27
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CaseChat Overview and Summary
In the case of Charlesworth v R, the appellant contested his conviction and sentence for his involvement in a joint criminal enterprise aimed at robbing a specific location. The case was heard and determined by the High Court of Australia. The appellant argued that the evidence presented in the agreed facts was insufficient to support the charges and that his sentence was disproportionate compared to his co-offenders.
The primary legal issues before the court were whether the evidence in the agreed facts was sufficient to uphold the appellant's conviction for aiding and abetting the detention of a person for advantage, and whether the disparity in sentencing between the appellant and his co-offenders was justifiable. The court had to examine the nature of the appellant's involvement in the crime, the extent of his contribution, and the legal principles governing joint criminal enterprises.
The High Court found that the evidence in the agreed facts was adequate to support the appellant's conviction. The court held that the appellant's actions in aiding and abetting the detention were integral to the success of the joint criminal enterprise. Regarding the sentencing disparity, the court acknowledged that while parity in sentencing is an important principle, it is not an absolute requirement. The court considered the individual circumstances of each offender, including their respective roles in the crime, and concluded that the disparity in sentencing was justified based on these factors. The appeal was therefore dismissed.
The final orders of the court were to uphold the appellant's conviction and sentence, reaffirming the legal principles applicable to joint criminal enterprises and the flexibility in sentencing to account for individual circumstances.
The primary legal issues before the court were whether the evidence in the agreed facts was sufficient to uphold the appellant's conviction for aiding and abetting the detention of a person for advantage, and whether the disparity in sentencing between the appellant and his co-offenders was justifiable. The court had to examine the nature of the appellant's involvement in the crime, the extent of his contribution, and the legal principles governing joint criminal enterprises.
The High Court found that the evidence in the agreed facts was adequate to support the appellant's conviction. The court held that the appellant's actions in aiding and abetting the detention were integral to the success of the joint criminal enterprise. Regarding the sentencing disparity, the court acknowledged that while parity in sentencing is an important principle, it is not an absolute requirement. The court considered the individual circumstances of each offender, including their respective roles in the crime, and concluded that the disparity in sentencing was justified based on these factors. The appeal was therefore dismissed.
The final orders of the court were to uphold the appellant's conviction and sentence, reaffirming the legal principles applicable to joint criminal enterprises and the flexibility in sentencing to account for individual circumstances.
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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