Daniels v R

Case [2007] NSWCCA 372


New South Wales
Court of Criminal Appeal

CITATION: Daniels v Regina [2007] NSWCCA 372
HEARING DATE(S): 12 December 2007
JUDGMENT OF: Grove J at 1; Hulme J at 22; Simpson J at 23
EX TEMPORE JUDGMENT DATE: 12 December 2007
DECISION: Appeal dismissed
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - Sentence - Relevance of prior record - No error of application by sentencing judge - Imposition not manifestly excessive
CASES CITED: R v A [2004] NSWCCA 292
R v Kain [2004] NSWCCA 143
R v McNaughton [2006] 66 NSWLR 566
R v Pham [2005] NSWCCA 94
Veen v The Queen (No 2) (1988) 164 CLR 465
PARTIES: Michael James Daniels (Applicant)
Regina (Respondent)
FILE NUMBER(S): CCA 2007/2950
COUNSEL: C. Loukas (Applicant)
J. Girdham (Respondent/Crown)
SOLICITORS: J. Pearson (Legal Aid Commission) Applicant
S. Kavanagh (Solicitor for Public Prosecutions) Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/11/0655
LOWER COURT JUDICIAL OFFICER: Donovan DCJ
LOWER COURT DATE OF DECISION: 16 February 2007


                          CCA 2007/2950

                          GROVE J
                          HULME J
                          SIMPSON J

                          12 December 2007
      Michael James DANIELS v REGINA

Judgment

1 GROVE J: This is an application for leave to appeal against severity of sentence imposed by Donovan DCJ in the Sydney District Court. The applicant had been committed for sentence following his plea of guilty to a single count of robbery. His Honour sentenced the applicant to imprisonment consisting of a non-parole period of two years and a balance term of two years. The commencing date of sentence was specified as 21 February 2006 and the first date of eligibility for parole will be 20 February 2008.

2 There is no challenge to the facts found by his Honour. On the afternoon of Tuesday 21 February 2006 a Ms Wong, the catering manager at the University of Technology was balancing the daily takings. She locked the door to the room and opened the safe. There was approximately $2,300 in the safe and a further amount on the table of $2,500 which she was counting.

3 There was a knock on the door which she ignored. The knocking continued and became more persistent and, believing that it was a member of staff Ms Wong opened the door slightly and was confronted by the applicant who had pulled up a t-shirt to cover the lower part of his face. He pushed into the room and demanded money. Ms Wong reacted by pushing the safe door closed and dropping the handle which had the effect of locking it. In a threatening tone the applicant demanded to know the combination but Ms Wong responded that her boss knew the combination and would need to open it for her. Thereupon the applicant took the money which was on the table and started to leave the room. In fact, security guards had been alerted to the presence of the applicant on the campus and Ms Wong saw them and called to them to detain the applicant. They did so and after a brief struggle placed him…

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Daniels v R [2007] NSWCCA 372
Case
[2007] NSWCCA 372
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CaseChat Overview and Summary

In this case, the appellant was convicted of two counts of aggravated sexual assault and sentenced to imprisonment. The court was tasked with determining whether the sentencing judge erred in his consideration of the appellant's prior criminal record. The appellant argued that the sentence imposed was manifestly excessive due to the sentencing judge's reliance on his criminal history. The High Court of Australia reviewed the sentence to ensure that it was not the result of an error in principle or application of the law.

The central legal issue was whether the sentencing judge had erred in his consideration of the appellant's criminal history. The court needed to determine if the judge had correctly applied the law in sentencing and if the sentence was excessive. The court also examined whether the judge had failed to consider mitigating factors that should have been taken into account. The primary concern was whether the sentence imposed was a result of an error in principle or application of the law.

The High Court of Australia found no error in the application of the law by the sentencing judge. The court concluded that the sentence was not manifestly excessive and that the sentencing judge had appropriately considered the appellant's criminal history. The court determined that the judge had correctly balanced the aggravating and mitigating factors and that the sentence was proportionate to the gravity of the crimes. The court held that the sentence was within the range of sentences that a properly directed sentencing judge could have imposed.

The High Court of Australia dismissed the appeal and upheld the sentence imposed by the trial judge. The court found that the trial judge had not erred in his consideration of the appellant's criminal history and that the sentence was not manifestly excessive. The court affirmed that the sentence was proportionate to the gravity of the crimes and that the trial judge had correctly balanced the aggravating and mitigating factors. The appeal was dismissed, and the original sentence was upheld.

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