Hawdon v Tasmania

[2022] TASCCA 4

[2022] TASCCA 4

COURT:	SUPREME COURT OF TASMANIA (COURT OF CRIMINAL APPEAL)
CITATION:	Hawdon v Tasmania [2022] TASCCA 4
PARTIES:	HAWDON, Grant-Lee Michael
v
STATE OF TASMANIA
FILE NO:	2152/2021
DELIVERED ON:	29 March 2022
DELIVERED AT:	Hobart
HEARING DATE:	9 March 2022
JUDGMENT OF:	Estcourt J, Jago J, Martin AJ
CATCHWORDS:

Criminal Law – Appeal and new trial – Appeal against sentence – Grounds for interference – Sentence manifestly excessive or inadequate – One count of armed robbery and one count of attempted aggravated armed robbery – Robbery at a bottle shop and attempted robbery at newsagency, disguised and armed with a knife – Two sentences imposed – Sentence of seven years' imprisonment with a non-

parole period of half that term and a sentence of four years' imprisonment with a non-parole period of

half that term to be served concurrently with the first term held to be manifestly excessive –

Resentenced.

Aust Dig Criminal Law [3521]

REPRESENTATION:

Counsel:

Appellant:	R Mainwaring
Respondent:	M Figg

Solicitors:

Appellant:	Tasmanian Legal Aid
Respondent:	Director of Public Prosecutions

Judgment Number:	[2022] TASCCA 4
Number of paragraphs:	35

Serial No 4/2022

File No 2152/2021

GRANT-LEE MICHAEL HAWDON v STATE OF TASMANIA

REASONS FOR JUDGMENT	COURT OF CRIMINAL APPEAL ESTCOURT J JAGO J MARTIN AJ 29 March 2022
Orders of the Court:

1            Appeal allowed.

2            The sentence of imprisonment of seven years, with a non-parole period of half that term and the sentence of four years' imprisonment to be served concurrently with the first term, with a non-parole period of half that term is set aside.

3            In lieu thereof a single sentence of five and a half years' imprisonment backdated to 3 February 2020 is imposed and it is ordered that the appellant be eligible for release on parole after serving half of that sentence.

Serial No 4/2022

File No 2152/2021

GRANT-LEE MICHAEL HAWDON v STATE OF TASMANIA

REASONS FOR JUDGMENT	COURT OF CRIMINAL APPEAL ESTCOURT J 29 March 2022
The appeal

1             The appellant Grant-Lee Michael Hawdon appeals to this Court against a sentence of seven years' imprisonment with a non-parole period of half that term and a sentence of four years' imprisonment to be served concurrently with the first term.

2             The two sentences were imposed by Marshall AJ on 24 August 2021, upon the appellant's pleas of guilty to one count of armed robbery, contrary to s 240(3) of the Criminal Code 1924 and one count of attempted aggravated armed robbery, contrary to s 240(4) of the Code. His appeal is on the ground that the learned sentencing judge erred in law in that he imposed a sentence which was manifestly excessive in all of the circumstances of the case.

3             At the commencement of the hearing of the appeal, the notice of appeal was amended to add a second ground, namely "[t]hat the sentence is disparate with the sentence imposed upon the co-accused, Rachelle O'Brien, so as to give rise…