Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Dean v R [2015] NSWCCA 307 Hearing dates: 7 September 2015 Date of orders: 04 December 2015 Decision date: 04 December 2015 Before: Ward JA at [1];
Adams J at [158];
R A Hulme J at [159]Decision: 1. Grant leave to file the amended notice of appeal dated 23 October 2015.
2. Grant leave to appeal.
3. Dismiss the appeal.Catchwords: CRIMINAL LAW – sentence appeal – 11 counts of murder - 11 life sentences – whether sentencing judge erred in adopting a two-stage approach to sentencing for murder – whether two-stage approach impermissible after Markarian and Muldrock– whether sentencing judge erred in concluding it was not possible adequately to reflect culpability by any lesser penalty than life imprisonment – whether sentence manifestly excessive Legislation Cited: Crimes Act 1900 (NSW), s 156
Crimes (Sentencing Procedure Act) 1999 (NSW), ss 61, 54, 54BCases Cited: Apps v R [2006] NSWCCA 290
Barton v R [2009] NSWCCA 164
Blackwell v R [2011] NSWCCA 93
Boughey v The Queen [1986] HCA 29, (1986) 161 CLR 10
Crabbe v The Queen [1985] HCA 22; (1985) 156 CLR 464
Darkan v The Queen [2006] HCA 34; (2006) 227 CLR 373
Dinsdale v The Queen [2000] HCA 54; (2000) 202 CLR 321
DPP (Cth) v De La Rosa [2010] NSWCCA 194; (2010) 79 NSWLR 1
El-Zeyat v R [2015] NSWCCA 196
Knight v R [2006] NSWCCA 292; (2006) 164 A Crim R 126
Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357
Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120
Ngo v R [2013] NSWCCA 142; (2013) 233 A Crim R 121
R v Ainsworth (1994) 76 A Crim R 127
R v Baker [2000] NSWCCA 85
R v Dean [2013] NSWSC 1027
R v Grant [2002] NSWCCA 243; (2002) 55 NSWLR 80
R v Harris [2000] NSWCCA 469; (2000) 50 NSWLR 409
R v Henry [1999] NSWCCA 111; (1999) 46 NSWLR 346
R v Holton [2004] NSWCCA 214; (2004) 41 MVR 89
R v Merritt [2004] NSWCCA 19; (2004) 59 NSWLR 557
R v Miles [2002] NSWCCA 276
R v Reginald Lyttle (Supreme Court (NSW), Newman J, 6 March 1996, unrep)
R v Way [2004] NSWCCA 131; (2004) 60 NSWLR 168
Subramaniam v R [2013] NSWCCA 159
SW v R [2013] NSWCCA 103
Tuivaga v R [2015] NSWCCA 145
Vuni v R [2006] NSWCCA 171
Williams v R [2012] NSWCCA 172
Wong v The Queen [2001] HCA 64; (2001) 207 CLR 584Category: Principal judgment Parties: Roger Kingsley Dean (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
T Game SC with D Barrow (Applicant)
Ms M Cinque SC (Respondent)
Legal Aid NSW (Applicant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): CCA 2011/00370574 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- Supreme Court of New South Wales
- Jurisdiction:
- Common Law Division
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- AGLC
- Dean v R [2015] NSWCCA 307
- Case
- [2015] NSWCCA 307
- Decision Date
CaseChat Overview and Summary
The appellant, Dean, appealed against his sentence of 11 life sentences for 11 counts of murder. The court had to decide whether the sentencing judge erred in adopting a two-stage approach to sentencing for murder, whether such an approach was impermissible after certain decisions, whether the sentencing judge erred in concluding that it was not possible adequately to reflect culpability by any lesser penalty than life imprisonment, and whether the sentence was manifestly excessive. The High Court found that the sentencing judge did not err in adopting a two-stage approach to sentencing for murder, and that such an approach was not impermissible after the decisions in Markarian and Muldrock. The Court also found that the sentencing judge did not err in concluding that it was not possible adequately to reflect culpability by any lesser penalty than life imprisonment, and that the sentence was not manifestly excessive.
The sentencing judge first determined the appropriate non-parole period for each count of murder, and then determined the appropriate sentence for each count of murder. The Court found that this approach was permissible, as it was consistent with the principles set out in Markarian and Muldrock. The Court also found that the sentencing judge had correctly concluded that it was not possible adequately to reflect culpability by any lesser penalty than life imprisonment. The Court rejected the argument that the sentence was manifestly excessive, finding that the sentencing judge had appropriately considered all relevant factors, including the gravity of the offences and the appellant's culpability. The Court concluded that the sentence was not manifestly excessive, and that the appeal should be dismissed.
The sentencing judge first determined the appropriate non-parole period for each count of murder, and then determined the appropriate sentence for each count of murder. The Court found that this approach was permissible, as it was consistent with the principles set out in Markarian and Muldrock. The Court also found that the sentencing judge had correctly concluded that it was not possible adequately to reflect culpability by any lesser penalty than life imprisonment. The Court rejected the argument that the sentence was manifestly excessive, finding that the sentencing judge had appropriately considered all relevant factors, including the gravity of the offences and the appellant's culpability. The Court concluded that the sentence was not manifestly excessive, and that the appeal should be dismissed.
Orders
Orders of the court
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Background
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Evidence
Evidence Before The Court
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Decision
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Legal Principle Established
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