Hampton v R

Case [2010] NSWCCA 278


New South Wales
Court of Criminal Appeal

CITATION: HAMPTON v R [2010] NSWCCA 278
HEARING DATE(S): 22 February 2010
 
JUDGMENT DATE: 

1 December 2010
JUDGMENT OF: Beazley JA at 1; Hulme J at 2; Latham J at 64
DECISION: Leave to appeal granted.
Appeal dismissed.
PARTIES: Samuel Hampton
Regina
FILE NUMBER(S): CCA 2006/15629; 2008/13980; 2008/13981; 2008/13982
COUNSEL: Applicant: Ms L Wells SC
Respondent: Ms M Cinque
SOLICITORS: Applicant: Aboriginal Legal Service
Respondent: S Kavanagh
LOWER COURT JURISDICTION: District Court
LOWER COURT JUDICIAL OFFICER: Berman DCJ
LOWER COURT DATE OF DECISION: 18 December 2008



- 20 -
                              2006/15629
                              2008/13980
                              2008/13981
                              2008/13982

                          BEAZLEY JA
                          RS HULME J
                          LATHAM J
                              Wednesday, 1 December 2010
Samuel HAMPTON v REGINA
Judgment

1 BEAZLEY JA: I agree with Hulme J.

2 RS HULME J: On 18 December 2008, this Applicant for leave to appeal was sentenced by Berman SC DCJ to imprisonment for an effective term of 15 years, including a non-parole period of 11 years and 3 months for a series of offences of dishonesty. The principal ground of appeal is that the overall sentence was manifestly excessive. The offences for which sentences were imposed, or which were taken into account, their dates of commission, and the sentences imposed were:-

1 29/11/04 Aggravated break enter and steal 2 years FT from 9/12/07
2 21/12/05 Armed robbery of 7/11 store at Surry Hills in company 4 years FT from 9/12/08
3 8/8/07 Armed robbery of Lewisham service station [in company] 4 years FT from 9/12/09
4 8/8/07 Knowingly carried in a stolen conveyance APC 10J Taken into account with offence 3
5 14/10/07 Armed robbery of Narwee 7/11 store Taken into account with offence 8
6 14/10/07 Knowingly carried in a stolen conveyance BCF 67M Taken into account with offence 8
7 15/10/07 Knowingly carried in a stolen conveyance BCF 67M Taken into account with offence 8
8 15/10/07 Armed robbery of Concord KFC store 6 years FT from 9/12/11
9 15/10/07 Demanding property with menaces (x 4) Taken into account with offence 8
10 16/12/07 Attempted armed robbery of Doncaster Hotel Taken into account with offence 13
11 16/12/07 Knowingly carried in stolen conveyance XLN 415 Taken into account with offence 13
12 16/12/07 Knowingly carried in stolen conveyance XWG 899 Taken into account with offence 13
13 16/10/07 Armed robbery of Rose Bay Hotel 7 years imprisonment from 9/12/15,
including NPP of 3 years and 3 months
14 16/10/07 Armed robbery (x 4) of Rose Bay Hotel patrons Taken into account with offence 13
15 30/12/07 Armed robbery of Eastlakes TAB and Barbara Ebbink 4 years FT from 9/12/13
16 30/12/07 Knowingly carried in stolen conveyance JCE 093 Taken into account with offence 15

3 Although it has been convenient to number these offences 1 to 16, it is obvious that more than 16 individual offences were committed. The circumstances of the offences included the following:


      Offence 1

4 The Applicant and 2 others broke into a flat at Waterloo. They ransacked…

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Hampton v R [2010] NSWCCA 278
Case
[2010] NSWCCA 278
Decision Date

CaseChat Overview and Summary

In the matter of Samuel Hampton v Regina, the Court of Criminal Appeal was asked to decide whether the sentence of imprisonment for an effective term of 15 years, including a non-parole period of 11 years and 3 months, imposed by the District Court was manifestly excessive. The appellant was convicted of multiple offences of dishonesty, including armed robbery, demanding property with menaces, and carrying in a stolen conveyance. The Court found that the sentence was not manifestly excessive and dismissed the appeal. The Court considered several factors, including the statutory penalties for the offences, the guideline judgement in R v Henry, the sum of the sentences, and the degree of concurrency involved in the sentence. The Court also compared the sentence with other cases of multiple armed robberies and found that the sentence was not excessive, certainly not manifestly so. The Court emphasized that sentencing is not an exact science and that the differences in offending and sentences in various cases do not indicate that the effective sentence imposed in this case was manifestly excessive.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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