Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Knight v R [2024] NSWCCA 211 Hearing dates: 8 November 2024 Date of orders: 15 November 2024 Decision date: 15 November 2024 Before: Leeming JA at [1];
Campbell J at [2];
Fagan J at [3]Decision: (1) Grant leave to the applicant to rely upon her notice of appeal notwithstanding that it was filed out of time.
(2) Grant leave to appeal.
(3) Dismiss the appeal.
Catchwords: CRIME – appeal against sentence – aggregate sentence – whether causal link between mental condition and offending – whether sentence manifestly excessive
Legislation Cited: Crimes Act 1900 (NSW)
Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37
Dinsdale v TheQueen (2000) 202 CLR 321; [2000] HCA 54
Ebsworth v R [2020] NSWCCA 229
R v Fernando (1992) 76 A Crim R 58
Category: Principal judgment Parties: Rosie Knight (Applicant)
Rex (Respondent)Representation: Counsel:
Solicitors:
P Doyle (Applicant)
P Hogan (Crown)
Hammond Nguyen Burnbull (Applicant)
Solicitor for Director of Public Prosecutions (Respondent)
File Number(s): 2020/63008 Publication restriction: No Decision under appeal
- Court or tribunal:
- District Court NSW
- Jurisdiction:
- Criminal
- Date of Decision:
- 19 August 2022
- Before:
- Judge Hock
- File Number(s):
- 2020/63008
HEADNOTE
[This headnote is not to be read as part of the judgment]
The applicant was sentenced in the District Court on 19 August 2022 by Judge Hock for aggravated (in company) break and enter and commit serious indictable offence (robbery), reckless wounding in company and conceal serious indictable offence (aggravated intercourse without consent). The offences were contrary to s 112(2), 35(3) and 316(1) of the Crimes Act 1900 (NSW) respectively. A further two offences of common assault, that were committed during the break and enter, were taken into account by way of a Form 1.
The applicant received an aggregate sentence of 9 years with a non-parole period of 5 years and 6 months. The sentencing judge afforded the applicant a 5% discount for her guilty pleas in relation to counts 1 and 2 and a 25% discount for her guilty plea in relation to count 3. Special circumstances were found resulting in a non-parole period that was 61% of the head sentence.
The applicant was an Indigenous woman whose mental and social wellbeing had been severely affected by sexual and other abuse from her early teenage years onwards.
The applicant sought leave to appeal against her sentence on two grounds:
-
Ground 1: The sentencing judge erred in failing to take into account the causal connection between the offender’s mental conditions and the offending and, as such, did not take into account at sentence,
the offender’s reduced moral culpability; and/or
the reduced weight to general deterrence.
-
Ground 2: The sentence imposed is manifestly excessive.
-
The Court granted…
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- AGLC
- Knight v The King [2024] NSWCCA 211
- Case
- [2024] NSWCCA 211
- Decision Date
CaseChat Overview and Summary
The Court examined the principles of sentencing in the context of the appellant’s mental health, considering both the individual circumstances of the crimes and the appellant's mental state. The Court noted that while the appellant's mental condition was a relevant mitigating factor, it was not determinative of the sentence. The Court held that there was no causal link between the appellant’s mental condition and his offending behaviour. Regarding the aggregate sentence, the Court found that it was not manifestly excessive, taking into account the nature and circumstances of the crimes, the appellant's criminal history, and his mental health. The Court concluded that the sentence was within the range of reasonable outcomes and did not represent an abuse of the sentencing discretion.
The Court dismissed the appeal, affirming the lower court's sentence. The final orders confirmed that the sentence imposed by the lower court was appropriate and did not require modification.
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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