Dennis v The Queen

Case [2015] NSWCCA 61


Court of Criminal Appeal


Supreme Court


New South Wales

  • Amendment notes
Medium Neutral Citation: Dennis v R [2015] NSWCCA 61
Hearing dates:25 March 2015
Date of orders: 16 April 2015
Decision date: 16 April 2015
Before: R A Hulme J at [1]
Davies J at [2]
Bellew J at [3]
Decision:

The application for an extension time is refused.

Catchwords: CRIMINAL LAW – Murder – Application for extension of time in which to seek leave to appeal against sentence – Asserted Muldrock error – Whether sentencing judge gave primary or determinative significance to the prescribed standard non-parole period – Whether the sentencing judge engaged in a two stage process of sentencing – Whether the sentencing judge failed to have regard to the applicant’s subjective considerations – Necessity to consider the reasons of the sentencing judge as a whole – Necessity to consider the prospects of success of the proposed ground of appeal should an extension of time be granted – Error not established – Application to extend time refused.
Legislation Cited: Crimes (Sentencing Procedure) Act 1999 NSW
Cases Cited: Aldous v R [2012] NSWCCA 153
Black v R [2013] NSWCCA 265
Dennis v R [2012] NSWCCA 120
Essex v R [2013] NSWCCA 11
Kentwell v R [2014] HCA 37
Muldrock v R [2011] HCA 39; (2011) 244 CLR 120
O’Grady v R [2014] HCA 38
R v Dennis [2009] NSWSC 1357
Category:Principal judgment
Parties: Matthew Allen James Dennis - Applicant
Regina – Respondent
Representation:

Counsel:
Mr M King - Applicant
Ms T Smith - Respondent

Solicitors:
File Number(s):2009/5917
Publication restriction:Nil
 Decision under appeal 
Court or tribunal:
Supreme Court
Jurisdiction:
Criminal
Date of Decision:
04 December 2009
Before:
Barr AJ

Judgment

  1. R A HULME J: I agree with Bellew J.

  2. DAVIES J: I agree with Bellew J.

  3. BELLEW J: On 4 December 2009, having been found guilty by a jury of the murder of a 23 month old child, Matthew Allen Dennis (“the applicant”) was sentenced by Barr AJ to imprisonment for 26 years and 8 months to date from 17 April 2008. His Honour imposed a non-parole period of 20 years: R v Dennis [2009] NSWSC 1357. The maximum penalty for the offence of murder is life imprisonment. Because of the age of the victim in the present case, a standard non-parole period of 25 years imprisonment was prescribed.

  4. An appeal by the applicant against his conviction was dismissed by this Court on 8 June 2012: Dennis v R [2012] NSWCCA 120.

  5. The applicant now seeks an extension of time in which to seek leave to appeal against his sentence. Given the narrow issue argued on the present application, and in view of the conclusion I have reached, it is not necessary to set out the circumstances of the applicant’s offending.

THE APPLICATION FOR AN EXTENSION OF TIME

  1. The affidavit material filed in support of the application to extend time establishes the following chronology.

  2. On 9 December 2009, following sentence,…

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Dennis v The Queen [2015] NSWCCA 61
Case
[2015] NSWCCA 61
Decision Date

CaseChat Overview and Summary

In the case of Dennis v The Queen, the applicant sought an extension of time to apply for leave to appeal against his sentence for murder. The application was brought before the High Court of Australia, where the primary concern was the applicant's assertion that the sentencing judge had made a significant error in the application of the prescribed non-parole period. The applicant argued that the judge had placed undue emphasis on this period and failed to consider his subjective circumstances adequately.

The legal issues that the court needed to address were whether the sentencing judge had given primary or determinative significance to the prescribed non-parole period and if the judge had engaged in a two-stage process of sentencing. Additionally, the court had to determine if the sentencing judge had failed to consider the applicant's subjective factors. The court also considered the necessity of examining the sentencing judge's reasons as a whole and the likelihood of success of the proposed ground of appeal should an extension of time be granted.

The High Court found that the asserted error was not established, primarily because the sentencing judge had given appropriate weight to the prescribed non-parole period but had also considered the applicant's subjective circumstances. The court held that the sentencing judge had not engaged in a two-stage process and had not failed to consider the applicant's subjective considerations. Consequently, the application for an extension of time was refused. The court emphasised that the sentencing reasons must be examined as a whole and that the prospects of success for the proposed ground of appeal were not strong enough to warrant granting the extension of time.

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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