Court of Criminal Appeal
Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Hitchcock v R [2016] NSWCCA 226 Hearing dates: 30 September 2016 Date of orders: 17 October 2016 Decision date: 17 October 2016 Before: Hoeben CJ at CL at [1]
Harrison J at [50]
Campbell J at [55]Decision: (1) Leave to appeal against sentence is granted and the appeal is allowed.
(2) The sentence imposed in the District Court on 24 September 2015 is quashed.
(3) In lieu thereof, the applicant is sentenced to imprisonment with a non-parole period of 6 years commencing 28 May 2013 and expiring on 27 May 2019 with a balance of term of 3 years expiring 27 May 2022. The applicant will become eligible for parole on 28 May 2019.Catchwords: CRIMINAL LAW – sentence appeal – offender pleaded guilty to one count of wound with intent to murder – failure by sentencing judge to quantify the discount to be afforded to the offender for assistance to authorities – ground of appeal conceded by Crown – need to re-sentence – on re-sentence a lesser sentence warranted in law. Legislation Cited: Crimes Act 1900 – s 27
Crimes (Sentencing Procedure) Act 1999 – s 23, s 101A
Criminal Appeal Act 1912 – s 5(1)(c)
Motor Accident Compensation Act 1999Cases Cited: Avery v R [2015] NSWCCA 50
Kentwell v The Queen [2014] HCA 37; 252 CLR 601
Panetta v R [2016] NSWCCA 85
R v Robinson [2014] NSWCCA 12Category: Principal judgment Parties: Matthew Hitchcock – Applicant
Regina – Respondent CrownRepresentation: Counsel:
Solicitors:
K Averre – Applicant
Dr D Kell/M Pulsford – Respondent Crown
Legal Aid NSW – Applicant
Solicitor for Public Prosecutions – Respondent Crown
File Number(s): 2013/164538 Decision under appeal
- Court or tribunal:
- District Court of NSW
- Jurisdiction:
- Criminal
- Date of Decision:
- 24 September 2015
- Before:
- Hanley DCJ
- File Number(s):
- 2013/164538
Judgment
-
HOEBEN CJ at CL:
Offence and sentence
The applicant was charged with an offence of wound with intent to murder contrary to s 27 of the Crimes Act 1900. The maximum penalty for this offence is imprisonment for 25 years with a standard non-parole period of 10 years.
-
Ten days before his trial was due to commence, the applicant entered a plea of guilty to that charge. He was sentenced by Judge Hanley SC on 24 September 2015. His Honour sentenced the applicant to imprisonment with a non-parole period of 8 years commencing 28 May 2013 and expiring 27 May 2021 with a balance of term of 4 years expiring 27 May 2025.
-
The applicant seeks leave to appeal against that sentence pursuant to s 5(1)(c) of the Criminal Appeal Act 1912. He relies upon a single ground of appeal:
That the sentencing judge erred in failing to quantify the discount to be afforded to the applicant for his assistance to the authorities
Factual background
-
Mr Shannon Suttle (the victim) had been married to Ms Tara Hebb (the co-accused). The co-accused and the victim had two…
Continue reading Hitchcock v R
Sign in free to access the full text
- AGLC
- Hitchcock v R [2016] NSWCCA 226
- Case
- [2016] NSWCCA 226
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the failure to quantify the discount for assistance constituted a significant error in the sentencing process and whether this warranted a re-sentencing. The court was required to consider the principles of sentencing and the appropriate discount that should be applied for the offender's cooperation with the authorities.
The court found that the sentencing judge's failure to quantify the discount constituted a significant error. The court re-evaluated the sentence, taking into account the appropriate discount for the offender's assistance. After reassessment, the court determined that a lesser sentence was warranted in law. Consequently, the court ordered a re-sentencing of the offender.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.