Dooley v The Queen [2003] NTCCA 6
PARTIES:MATTHEW GEORGE DOOLEY
v
THE QUEEN
TITLE OF COURT: COURT OF CRIMINAL APPEAL OF THE NORTHERN TERRITORY
JURISDICTION: APPEAL FROM THE SUPREME COURT EXERCISING TERRITORY JURISDICTION
FILE NO:CA 26 of 2001 (20014925)
DELIVERED: 22 July 2003
HEARING DATE: 19 May 2003
JUDGMENT OF: ANGEL, MILDREN & RILEY JJ
REPRESENTATION:
Counsel:
Appellant:D. Grace QC
Respondent: W.J. Karczewski QC
Solicitors:
Appellant:Northern Territory Legal Aid Commission
Respondent: Office of the Director of Public Prosecutions
Judgment category classification: B
Judgment ID Number: ril0318
Number of pages: 19
ril0318
IN THE COURT OF CRIMINAL APPEAL
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT DARWINDooley v The Queen [2003] NTCCA 6
No. CA 26 of 2001 (20014925)
BETWEEN:
MATTHEW GEORGE DOOLEY
Appellant
AND:
THE QUEEN
Respondent
CORAM: ANGEL, MILDREN & RILEY JJ
REASONS FOR JUDGMENT
(Delivered 22 July 2003)
ANGEL J:
I would refuse the application to adduce fresh evidence and dismiss the appeal for the reasons given by Riley J.
MILDREN J:
I would also refuse the application to adduce fresh evidence and dismiss the appeal for the reasons given by Riley J.
RILEY J:
The appellant pleaded guilty to one count of committing a dangerous act and thereby causing the death of Peter Searle. It was an aggravating feature of the offence that, at the time of the offending, the appellant was under the influence of alcohol. The maximum penalty for the offence is imprisonment for 14 years. On 22 November 2001 he was sentenced to imprisonment for a period of 9 years with a non-parole period of 5 years.
The appellant appeals against the sentence and was granted leave to appeal by a Judge of this Court on 18 January 2002.
There are three grounds of appeal, namely: that the sentence was manifestly excessive; that it was manifestly disparate to the general pattern of sentences; and, finally, that by reason of new or fresh evidence which has arisen since the imposition of the sentence, the sentence imposed on the appellant is manifestly excessive. The appellant sought leave to adduce further evidence in support of the final ground.
The circumstances of the offending were disturbing. The learned sentencing judge described those circumstances as placing the offending at the highest end of the range of seriousness for offences of its kind.
The deceased and the appellant knew each other. Some 3 to 4 weeks before the death of the deceased, his young daughters informed the appellant that the deceased had exposed himself to them. The appellant decided that informing the police would not achieve anything and he determined to deal with the issue himself. It took him some time to locate the address of the deceased who lived on a rural block south of Darwin. On 4 September 2000 the appellant, with two companions, Mark Anthony Milianos and another, whom the appellant declined to name at that time but who subsequently has been identified as David Anthony Rice, spent the afternoon drinking beer. Together they decided to drive…
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- Dooley v The Queen [2003] NTCCA 6
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- [2003] NTCCA 6
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CaseChat Overview and Summary
The Court was required to determine two principal issues: first, whether the sentence imposed was manifestly disparate to the general pattern of sentences for offences against section 154 of the Criminal Code; and second, whether fresh evidence, concerning the appellant's subsequent identification of another individual involved in the offending and his cooperation with authorities, should be admitted and, if so, whether it demonstrated that the sentence was manifestly excessive.
Regarding the disparity of sentence, the Court noted that section 154 of the Criminal Code covers a wide range of conduct and that comparative cases are rarely truly comparable. The Court found that the cases presented by the appellant were not as serious as his own and did not involve vigilante vengeance, thus failing to demonstrate manifest disparity. On the issue of fresh evidence, the Court considered the appellant's post-sentencing cooperation with police, which led to the identification and prosecution of another individual, Mr Rice, who was convicted of a lesser offence. The appellant argued this assistance shed new light on his remorse and prospects for rehabilitation.
The Court ultimately dismissed the appeal, finding that the appellant had not demonstrated that the sentence imposed was manifestly disparate. The Court also implicitly rejected the application for fresh evidence by not ordering a resentencing based on it, as the appellant had not established the grounds for such an intervention.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
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Ratio Decidendi
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