Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Silas Gordon Haines v R [2012] NSWCCA 238 Hearing dates: 26 October 2012 Decision date: 21 November 2012 Before: McClellan CJ at CL at [1]
Bellew J at [2]
Barr AJ at [66]Decision: 1. Leave to appeal granted;
2. Appeal dismissed.
Catchwords: CRIMINAL LAW - appeal against sentence - forced entry into residential premises followed by multiple offences of robbery and aggravated sexual assault - one episode of offending - offences committed whilst applicant on parole for previous offence of sexual assault - whether overall sentence of imprisonment for 25 years with a non-parole period of 18 years was unreasonable or plainly unjust - whether sentence accumulated to an excessive degree - whether period of imprisonment amounted to a crushing sentence - need for protection of the community Cases Cited: R v Gorman [2002] NSWCCA 516; (2002) 137 A Crim R 326
R v Haines [2004] NSWCCA 294
R v Hayes [1984] 1 NSWLR 740
R v MAK [2006] NSWCCA 381; (2006) 167 A Crim R 159
R v MSK [2006] NSWCCA 381; (2006) 167 A Crim R 159Category: Principal judgment Parties: Silas Gordon Haines - Applicant
Crown - RespondentRepresentation: T Gartelmann - Applicant
T Smith - Crown
Legal Aid New South Wales - Applicant
S Kavanagh,Solicitor for Public Prosecutions (NSW) - Crown
File Number(s): 2009/11348 Decision under appeal
- Date of Decision:
- 2010-05-14 00:00:00
- Before:
- Charteris DCJ
Judgment
McCLELLAN CJ at CL: I agree with Bellew J.
BELLEW J: On 31 March 2010 the applicant pleaded guilty in the District Court to a total of 16 separate offences arising out of an incident which occurred in the early hours of 2 November 2008. Those offences, and the sentences imposed at first instance in respect of each of them, were as follows:
Count
Offence
Term / non-parole period
Count 9
Aggravated enter dwelling - house with intent
5 years 6 months / 3 years 6 months
Count 10
Specially aggravated detain for advantage
7 years / 4 years 6 months
Count 16
Robbery in company
6 years / 4 years
Count 11
Robbery in company
6 years / 4 years
Count 12
Robbery in company
6 years / 4 years
Count 13
Robbery in company
6 years / 4 years
Count 1
Aggravated sexual assault
8 years / 5 years 4 months
Count 7
Indecent assault
1 year 6 months (fixed term)
Count 8
Indecent assault
1 year 6 months (fixed term)
Count 2
Aggravated sexual assault
10 years / 6 years 6 months
Count 3
Aggravated sexual assault
10 years/ 6 years 6 months
Count 5
Aggravated sexual assault in company
12 years / 8 years
Count 6
Aggravated sexual assault in company
12 years / 8 years
Count 14
Aggravated sexual assault
8 years / 5 years 4 months
Count 15
Aggravated sexual assault
10 years/ 6 years 6 months
Count 4
Aggravated sexual assault in company
15 years…
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- AGLC
- Haines v R [2012] NSWCCA 238
- Case
- [2012] NSWCCA 238
- Decision Date
CaseChat Overview and Summary
The court was required to consider several legal issues, including whether the overall sentence imposed on Haines was unreasonable or plainly unjust. This involved assessing whether the sentence accumulated to an excessive degree and whether the period of imprisonment amounted to a crushing sentence. The court also had to weigh the need for protection of the community against the principle of proportionality in sentencing. Additionally, the court needed to examine whether the sentence imposed was consistent with the principles of sentencing as established in previous case law.
In its decision, the High Court of Australia found that the sentence imposed on Haines was not unreasonable or plainly unjust. The court held that the cumulative effect of the offences, particularly the aggravated sexual assault committed while on parole, justified the severity of the sentence. The court emphasised the importance of protecting the community from the risk posed by Haines and considered the need for deterrence and denunciation. The court found that the sentence was proportionate to the gravity of the offences and did not amount to a crushing sentence. Consequently, the appeal was dismissed, and the original sentence was upheld.
The final orders of the court were that the appeal against the sentence was dismissed, and the sentence imposed by the lower court remained in effect. This decision affirmed the lower court's assessment of the gravity of the offences and the need for a substantial period of imprisonment to protect the community.
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
Established by: CLELLAN CJ
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