NEW SOUTH WALES COURT OF CRIMINAL APPEAL
CITATION:
Donaczy v Regina [2010] NSWCCA 143
FILE NUMBER(S):
2008/11315
HEARING DATE(S):
19 April 2010
JUDGMENT DATE:
6 July 2010
PARTIES:
Solkan Mohammad Donaczy (Appellant)
Regina (Respondent)
JUDGMENT OF:
Allsop P Grove J Hislop J
LOWER COURT JURISDICTION:
District Court
LOWER COURT FILE NUMBER(S):
2008/11315
LOWER COURT JUDICIAL OFFICER:
Conlon DCJ
LOWER COURT DATE OF DECISION:
6 March 2009
COUNSEL:
Mr G Turnbull SC (Appellant)
Mr D Arnott SC (Respondent)
SOLICITORS:
Heenan & Company (Appellant)
Director of Public Prosecutions (Respondent)
CATCHWORDS:
CRIMINAL LAW – appeal against sentence – discount for guilty plea – manslaughter by unlawful and dangerous act – offender struck victim with fatal blow to the head – open to sentencing judge to set discount
CRIMINAL LAW – appeal against sentence – considerations – application of R v Fernando in weighing personal subjective circumstances against objective seriousness of the offence – sentence not manifestly excessive
LEGISLATION CITED:
Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 5
Criminal Case Conferencing Trial Act 2008 (NSW) ss 4, 17
CATEGORY:
Principal judgment
CASES CITED:
Carroll v The Queen [2009] HCA 13; 83 ALJR 579
Hopley v R [2008] NSWCCA 105
KT v R [2008] NSWCCA 51
Melchers v R [2003] NSWCCA 119
Nanai v R [2010] NSWCCA 21
R v Bashford [2007] NSWSC 1380
R v Borkowski [2009] NSWCCA 102
R v Carroll [2008] NSWCCA 218; 188 A Crim R 253
R v Carroll [2010] NSWCCA 55
R v CK; R v TCS [2007] NSWSC 1424
R v Edward David Zammit [2008] NSWCCA 317
R v El Hani [2004] NSWCCA 162
R v Fernando (1992) 76 A Crim R 58
R v Forbes [2005] NSWCCA 377
R v Heikkinen [2006] NSWCCA 50
R v KT [2007] NSWSC 83
R v Maclurcan [2003] NSWSC 799
R v O'Hare [2003] NSWSC 652
R v Risteski [1999] NSWSC 1248
R v Smith [2008] NSWSC 201
R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383
TEXTS CITED:
DECISION:
Leave to appeal granted. Appeal dismissed.
JUDGMENT:
IN THE COURT OF
CRIMINAL APPEAL
2008/11315
ALLSOP P
GROVE J
HISLOP JTuesday 6 July 2010
SOLKAN MOHAMMAD DONACZY v REGINA
Judgment
ALLSOP P: The applicant seeks leave to appeal from the sentence imposed upon him in the District Court on 6 March 2009 in relation to the offence of manslaughter by unlawful and dangerous act.
The applicant pleaded guilty in the Local Court on 23 July 2008 to the manslaughter of Scott Mahoney on 17 March 2007. He adhered to that plea in the District Court on 31 October 2008. The sentencing hearing proceeded before Conlon DCJ on 31 October 2008, 17 December 2008 and 6 March 2009. On 6 March 2009, the applicant was sentenced to a term of imprisonment of six years to commence on 6 March 2009 and to expire on 5 March 2015 with a non-parole period of three years six months commencing on 6 March 2009 and expiring on 5…
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- AGLC
- Donaczy v R [2010] NSWCCA 143
- Case
- [2010] NSWCCA 143
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the discount for the applicant's guilty plea was appropriate and if the sentence was manifestly excessive when considering both the subjective circumstances of the offender and the objective seriousness of the offence. The court had to balance the applicant's personal circumstances against the gravity of the crime, using precedents such as R v Fernando to guide the sentencing process.
The District Court, in its judgment, upheld the sentence imposed by the sentencing judge. The court found that the discount for the guilty plea was appropriately considered and that the sentence was not manifestly excessive. The court noted the difficulty in making findings of fact beyond reasonable doubt due to the imprecise and inconsistent nature of the witness statements, but found that the sentencing judge had sufficiently weighed the relevant factors in arriving at the sentence. The court held that the sentence was proportionate and took into account both the subjective and objective circumstances of the case.
No further orders were made by the court, affirming the original sentence.
Orders
Orders of the court
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Background
Background to the litigation
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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