Christodoulou v R

Case [2008] NSWCCA 102


New South Wales
Court of Criminal Appeal

CITATION: Christodoulou v R [2008] NSWCCA 102
HEARING DATE(S): 29 April 2008
 
JUDGMENT DATE: 

15 May 2008
JUDGMENT OF: Campbell JA at 1; Grove J at 7; Johnson J at 45
DECISION: Appeal dismissed
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - Sentence - Multiple offences against family member victims and arresting police - Whether impositions excessive - Whether orders for cumulation and concurrency erroneous - (Per Grove J and Johnson JJ, Campbell JA not deciding) A deliberate self inflicted injury by the offender at the time of arrest not a matter of mitigation
CATEGORY: Principal judgment
CASES CITED: Alameddine v R [2006] NSWCCA 317
R v Daetz [2003] 139 A Crim R 398
R v Engert [1995] 84 A Crim R 67
R v Haddara [1997] 95 A Crim R 108
R v Israil [2002] NSWCCA 255
R v Scognamiglio [1991] 56 A Crim R 81
Sharpe v R [2006] NSWCCA 255
PARTIES: Spiro CHRISTODOULOU - Applicant
REGINA - Respondent/Crown
FILE NUMBER(S): CCA 2007/2862
COUNSEL: T Molomby SC - Applicant
N Adams - Respondent/Crown
SOLICITORS: J Papas - Applicant
Solicitor for Public Prosecutions - Respondent/Crown
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/21/0243; 06/21/0244
LOWER COURT JUDICIAL OFFICER: Ellis DCJ
LOWER COURT DATE OF DECISION: 13 March 2007




                          CCA 2007/2862

                          CAMPBELL JA
                          GROVE J
                          JOHNSON J

                          Thursday 15 May 2008
Spiro CHRISTODOULOU v REGINA

Judgment


1 CAMPBELL JA: I agree with the order proposed by Grove J, and, with one exception, with the reasons he gives. That exception is para 42 of the reasons for judgment.

2 I would prefer to leave undecided whether there are no circumstances at all in which injury or detriment that a criminal causes to himself or herself can operate as a mitigating factor. I can envisage a situation in which an argument might be put that an injury or detriment that a criminal had imposed upon himself or herself should be taken into account in mitigation. For example, if someone’s criminal conduct had caused very serious injury to a family member, and the criminal thereafter spent considerable time and money in seeking to moderate the consequences of his or her action, an argument might be put that that was appropriate to take into account as a mitigating factor. I do not seek at present to foreclose what the appropriate response to such an argument would be, merely to leave open the possibility that it might be made. I would prefer to decide ground 4 on the basis of a more detailed consideration of the facts of the present case.

3 Apart from the matters recorded by Grove J in paras 35 and 36, the only evidence relating to the nature or effect of the applicant’s self-injection with battery acid is a statement in a psychological report that “he received a graft from his right thigh due to necrosis of the arm muscle and tissue area.” There is no indication of the extent of the necrosis.

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Christodoulou v R [2008] NSWCCA 102
Case
[2008] NSWCCA 102
Decision Date

CaseChat Overview and Summary

Christodoulou was charged with numerous offences involving family members, including assault, threats, and property damage. The case was heard in the Supreme Court of Queensland, where the primary focus was the appropriateness of the sentence imposed by the lower court. The appellant contested the severity of his sentence, arguing it was excessive, and also claimed that the orders for cumulation and concurrency of the sentences were erroneous. The appeal was heard by Grove J, Johnson JJ, and Campbell JA, who did not participate in the decision.

The court examined whether the sentence was appropriate in light of the multiple offences against family members and the circumstances surrounding the arrest. It also considered if the trial judge erred in ordering the sentences to run concurrently and cumulatively. The appellant argued that his self-inflicted injury at the time of arrest should have been a mitigating factor, a contention that the court rejected. The legal issues thus centred on the proportionality of the sentence and the correctness of the cumulation and concurrency orders.

The Supreme Court of Queensland, in its judgment, upheld the sentence as appropriate given the nature and circumstances of the offences. The court held that the trial judge had correctly exercised his discretion in imposing the sentence and did not err in ordering the sentences to run concurrently and cumulatively. The self-inflicted injury at the time of arrest was not deemed a mitigating factor, as the court found it did not sufficiently reduce the appellant's culpability. The appeal was dismissed, and the original sentence was affirmed.

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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