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McDonald v R

McDonald v R

Case [2015] NSWCCA 280 2 November 2015

Appeal

Criminal Liability

Sentencing

Aggravated & Exemplary Damages

Criminal Law

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Court of Criminal Appeal

Supreme Court

New South Wales

Summary available

Medium Neutral Citation: McDonald v R [2015] NSWCCA 280
Hearing dates: 11 September 2015
Decision date: 02 November 2015
Before: Basten JA at [1];
Adams J at [2];
R A Hulme J at [3]
Decision:
1. Leave to appeal against conviction refused.
2. Leave to appeal against sentence refused.

Catchwords:
CRIMINAL LAW – appeal against conviction – offences of aggravated robbery, take and detain victim with intent to obtain an advantage and indecent assault – whether error in allowing evidence of post offence conduct – whether error in admitting DNA evidence – grounds of appeal without merit – leave to appeal refused
CRIMINAL LAW – appeal against sentence – offences of aggravated robbery, take and detain victim with intent to obtain an advantage and indecent assault – whether error in applying R v Henry [1999] NSWCCA 111 – whether error in taking into account use of violence and/or weapon as aggravating feature – whether failure to have proper regard to special circumstances – whether sentence manifestly excessive – grounds of appeal without merit – leave to appeal refused
Legislation Cited: Crimes Act 1900 (NSW) ss 95(1), 86(1)(b), 61L
Crimes (Forensic Procedures) Act 2000 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW) s 44
Criminal Appeal Act 1912 (NSW) s 5(1)(b)
Evidence Act 1995 (NSW) ss 65, 103, 135, 137
Mental Health (Forensic Provisions) Act 1990 (NSW) s 32
Cases Cited: Azzi v R [2008] NSWCCA 169
Bin Sulaeman v R [2013] NSWCCA 283
Cahyadi v R [2007] NSWCCA 1; 168 A Crim R 41
Hamze v R [2006] NSWCCA 36
Jago v The District Court of New South Wales [1989] HCA 46; 168 CLR 23
Poniris v R [2014] NSWCCA 100
R v Cook [2004] NSWCCA 52
R v Henry [1999] NSWCCA 111; 46 NSWLR 346
R v Mauai [2005] NSWCCA 207
R v Tortell; R v Tsegay [2007] NSWCCA 313
R v Sing [2002] NSWCCA 20; 54 NSWLR 31
R v Whyte [2002] NSWCCA 343; 55 NSWLR 252
Category: Principal judgment
Parties: Jaron Angus McDonald (Applicant)
Regina (Respondent)
Representation:
Counsel:
Mr J Cohen (Applicant)
Ms G O’Rourke (Crown)
Solicitors:
M Wong
Solicitor for Public Prosecutions

File Number(s): 2011/35278
Decision under appeal

Court or tribunal:

District Court

Date of Decision:

3 June 2013

Before:

Murrell SC DCJ

File Number(s):

2011/35278

Judgment

BASTEN JA: I agree with R A Hulme J.
ADAMS J: I agree with R A Hulme J.
R A HULME J: Jaron Angus McDonald ("the applicant") was found guilty by a jury in the District Court at Lismore of four offences contrary to the Crimes Act 1900 (NSW) on 22 February 2013. He was sentenced by her Honour Judge Murrell SC (as her Honour then was) on 3 June 2013.
The applicant seeks leave to appeal against his convictions on two grounds relating to the admissibility of certain evidence. (Leave is required as the grounds raise questions of mixed law and fact: s…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading McDonald v R

Details

AGLC: McDonald v R [2015] NSWCCA 280
Case: [2015] NSWCCA 280
Decision Date: 02 November 2015

CaseChat Overview and Summary

The appellant, McDonald, sought to appeal against both his conviction and the sentence imposed upon him by the Supreme Court for various criminal offences. McDonald was found guilty of aggravated robbery, taking and detaining a victim with intent to obtain an advantage, and indecent assault. The primary grounds of appeal focused on alleged errors in the admission of evidence concerning post-offence conduct and DNA evidence, as well as challenges to the sentencing process.

The court addressed several issues regarding the admissibility of evidence, including whether there was an error in allowing evidence of post-offence conduct and the validity of the DNA evidence presented. The court also examined the sentence, determining whether there was an error in applying the principles from R v Henry and whether the sentence appropriately considered the use of violence and/or a weapon as an aggravating factor. Furthermore, the court assessed whether the sentence failed to properly account for special circumstances and whether it was manifestly excessive.

In evaluating the appeal, the court found no merit in the arguments presented concerning the admissibility of evidence and the sentencing process. The court concluded that the trial judge had correctly admitted the contested evidence and that the sentence imposed was appropriate under the circumstances. Consequently, the grounds of appeal were dismissed, and leave to appeal was refused. The decision affirmed the conviction and sentence imposed by the Supreme Court.

Orders