Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Haines v R [2016] NSWCCA 90 Hearing dates: 14 April 2016 Date of orders: 14 April 2016 Decision date: 16 May 2016 Before: Ward JA; Price J; Adamson J Decision: 1. Grant leave to appeal.
2. The appeal is allowed.
3. Quash the sentence imposed by the sentencing Judge and in lieu of the orders made by the sentencing Judge impose the following orders:
(a) Confirm the conviction.
(b) Sentence the applicant to imprisonment for a non-parole period of 11 years 3 months commencing on 3 March 2001 and expiring on 2 June 2012 with a further term of 3 years 9 months commencing 3 June 2012 and expiring on 2 March 2016.
4. As the sentence has expired the applicant is to be released forthwith.Catchwords: CRIMINAL LAW – sentence appeal – murder – where appellant pleaded guilty after psychiatrist withdrew opinion as to availability of mental illness defence – whether sentencing judge erred in finding plea not entered at earliest reasonable opportunity – exceptional case where reason for delay in entering guilty plea must be taken into account Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5(1)
Mental Health (Forensic Provisions) Act 1990 (NSW), s 29(1)(b)Cases Cited: Atkinson v R [2014] NSWCCA 262
House v The King [1936] HCA 40; (1936) 55 CLR 499
Kentwell v The Queen [2014] HCA 37; (2014) 252 CLR 601
Nguyen v R [2008] NSWCCA 280
R v AB [2011] NSWCCA 229
R v Borkowski [2009] NSWCCA 102; (2009) 195 A Crim R 1
R v Haines [2015] NSWSC 390
R v Nicholson [2010] NSWCCA 80
R v Oinonen [1999] NSWCCA 310
R v Stambolis [2006] NSWCCA 56; (2006) 160 A Crim R 510
R v Thomson; R v Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383
Villalon v R [2015] NSWCCA 229Category: Principal judgment Parties: Brenda Lee Haines (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
S Odgers SC (Applicant)
H Baker (Respondent)
Legal Aid NSW (Applicant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): CCA 2001/00002339 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- Supreme Court of New South Wales
- Jurisdiction:
- Common Law
- Citation:
- [2015] NSWSC 390
- Date of Decision:
- 16 April 2015
- Before:
- RS Hulme AJ
- File Number(s):
- 2001/00002339
Judgment
-
THE COURT: On 14 April 2016 this Court heard and determined an application by Ms Haines pursuant to s 5(1) of the Criminal Appeal Act 1912 (NSW) for leave to appeal against the sentence imposed on her following her conviction for the murder of Haibo Wang. The Court granted leave to appeal and allowed the appeal, quashing the sentence imposed by the sentencing judge and imposing orders confirming the conviction and sentencing Ms Haines to a term of imprisonment that expired on 2 March 2016. Accordingly, Ms Haines was to be released forthwith. The Court reserved its reasons for granting leave and allowing the appeal. These are those reasons.
Background
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- AGLC
- Haines v R [2016] NSWCCA 90
- Case
- [2016] NSWCCA 90
- Decision Date
CaseChat Overview and Summary
The court acknowledged that the appellant had delayed entering his plea due to the psychiatrist's withdrawal of their opinion, which had initially suggested a potential mental illness defence. However, the court recognised that the delay did not necessarily equate to an abuse of process, as the appellant's decision to plead guilty was ultimately made promptly once the psychiatrist's opinion was withdrawn. The court further reasoned that the delay must be evaluated in the context of the appellant's decision to plead guilty, which demonstrated an acceptance of responsibility and facilitated a more streamlined judicial process. The court concluded that the sentencing judge was entitled to consider the delay in entering the plea but was not compelled to do so in the context of the appellant's overall conduct and acceptance of responsibility.
Consequently, the court found that the sentencing judge did not err in considering the delay in entering the plea as part of the sentencing discretion. The court held that the delay did not constitute an abuse of process and did not warrant a significant adjustment to the sentence imposed. The appeal was therefore dismissed, affirming the sentence imposed by the trial judge. The court emphasised that while the delay in entering the plea was a factor to be considered, it was not determinative of the sentence and did not necessarily warrant a substantial reduction in the sentence.
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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