Chatters v Tasmania - [2019] TASCCA 20

[2019] TASCCA 20
COURT:       SUPREME COURT OF TASMANIA (COURT OF CRIMINAL APPEAL)
CITATION:              Chatters v Tasmania [2019] TASCCA 20
PARTIES:  CHATTERS, Heath Lance
  v
  STATE OF TASMANIA
FILE NO:  CCA 1998/2019
DELIVERED ON:  20 November 2019
DELIVERED AT:  Hobart
HEARING DATE:  15 November 2019
JUDGMENT OF:  Blow CJ, Pearce J, Martin AJ
CATCHWORDS:
Criminal Law – Appeal and new trial – Appeal against sentence – Grounds for interference – Sentence manifestly excessive or inadequate – Armed robbery, assault and rape – Female service station attendant robbed at knifepoint, deprived of liberty for three hours, and raped vaginally – Sentence of 10 years' imprisonment with non-parole period of 6 years not manifestly excessive.

Aust Dig Criminal Law [3521]
REPRESENTATION:
Counsel:
           Appellant:  M Flanagan
           Respondent:  D G Coates SC
Solicitors:
           Appellant:  Ogilvie Jennings
           Respondent:  Director of Public Prosecutions
Judgment Number:  [2019] TASCCA 20
Number of paragraphs:  67
Serial No 20/2019
File No CCA 1998/2019

HEATH LANCE CHATTERS v STATE OF TASMANIA
REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL
BLOW CJ
PEARCE J
MARTIN AJ
20 November 2019
Order of the Court (15 November 2019)
Appeal dismissed.
Serial No 20/2019
File No CCA 1998/2019

HEATH LANCE CHATTERS v STATE OF TASMANIA
REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL
BLOW CJ
20 November 2019
1This is a sentencing appeal. The appellant pleaded guilty to a charge of armed robbery, two charges of assault, and one charge of rape. Brett J convicted him, imposed a global sentence of 10 years' imprisonment, and ordered that he not be eligible for parole until he had served 6 years of that sentence. The appellant contended that his sentence was manifestly excessive. Other grounds of appeal were abandoned.
2At the conclusion of the hearing, the Court dismissed the appeal, reserving its reasons for publication at a later date. My reasons accord with those stated by Martin AJ. I also agree with the comments of Pearce J.

File No CCA 1998/2019
HEATH LANCE CHATTERS v STATE OF TASMANIA
REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL
PEARCE J
20 November 2019
3I agree with Martin AJ that, for the reasons his Honour gives, the appeal should be dismissed. The sentence imposed by the learned sentencing judge was not manifestly excessive. The appellant's criminal conduct, when viewed as a whole, was objectively grave and involved a very high level of criminal culpability. In my respectful view, a term of imprisonment for ten years, with eligibility for parole after six years, was well within the range of sentences reasonably and justly open to the sentencing judge.
4The appellant committed a knifepoint robbery of a female service station attendant, late at night and at closing time, when she was isolated and alone. He then forced her to go with him in his car and, over the course of about three hours, deprived her of her liberty in the most terrifying and demeaning way. During the period the complainant was subject to his will, either in the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Chatters v Tasmania

Details

AGLC: Chatters v Tasmania [2019] TASCCA 20
Case: [2019] TASCCA 20
Decision Date: 20 November 2019

CaseChat Overview and Summary

The applicant, Chatters, appealed against a sentence imposed by the Supreme Court of Tasmania following his conviction for armed robbery, assault, and rape. The offences involved a female service station attendant who was robbed at knifepoint, held captive for three hours, and subjected to vaginal rape. The appeal was heard by the Full Court of the Supreme Court of Tasmania, comprising Blow CJ, Pearce J, and Martin AJ.

The central legal issue before the Full Court was whether the sentence of 10 years' imprisonment, with a non-parole period of 6 years, was manifestly excessive, thereby justifying appellate intervention. The applicant contended that the sentence imposed was too severe given the circumstances of the offending and his personal circumstances.

The Full Court considered the gravity of the offences, particularly the armed robbery, the prolonged deprivation of liberty, and the sexual assault. The court applied established principles regarding sentencing for such serious crimes, emphasizing the need for punishment, deterrence, and the protection of the community. The court found that the sentencing judge had properly taken into account all relevant factors, including the objective seriousness of the crimes and the subjective circumstances of the offender. The court concluded that the sentence was not outside the range of a proper exercise of discretion and was therefore not manifestly excessive.

Accordingly, the appeal against sentence was dismissed.

Orders