Mulholland v Tasmania

Case [2017] TASCCA 2


[2017] TASCCA 2

COURT:        SUPREME COURT OF TASMANIA (COURT OF CRIMINAL APPEAL)

CITATION:                 Mulholland v Tasmania [2017] TASCCA 2

PARTIES:  MULHOLLAND, Samuel William Murray
  v
  STATE OF TASMANIA

FILE NO:  1230/2016
DELIVERED ON:  14 March 2017
DELIVERED AT:  Hobart
HEARING DATE:  8 March 2017
JUDGMENT OF:  Tennent, Pearce and Brett JJ

CATCHWORDS:

Criminal Law – Appeal and new trial – Appeal against sentence – Grounds for interference – Sentence manifestly excessive or inadequate – Offender asserts manifest excessiveness – Rape – Sentence of imprisonment for 3½ years not manifestly excessive.

Aust Dig Criminal Law [3521]

Criminal Law – Sentence – Relevant factors – Nature and circumstances of offender – Mental disorder - Relevance to sentence not demonstrated.

R v Verdins [2007] VSCA 102, 16 VR 269, Director of Public Prosecutions v O'Neill [2015] VSCA 325, 47 VR 395 and Director of Public Prosecutions (Acting) v CBF [2016] TASCCA 1, applied.
Aust Dig Criminal Law [3264]

Criminal Law – Sentence – Relevant factors – Nature and circumstances of offender – Other matters – Consequences of conviction – Relevance of registration under Community Protection (Offender Reporting) Act 2005 as extra curial punishment.

R v KNL [2005] NSWCCA 260, 154 A Crim R 268; TMTW v The Queen [2008] NSWCCA 50 and R v CV [2013] ACTCA 22, 233 A Crim R 67, considered.
Aust Dig Criminal Law [3269]

REPRESENTATION:

Counsel:
             Appellant:  G Barns
             Respondent:  J Hartnett
Solicitors:
             Respondent:  Director of Public Prosecutions

Judgment Number:  [2017] TASCCA 2
Number of paragraphs:  34

Serial No 2/2017

File No 1230/2016

SAMUEL WILLIAM MURRAY MULHOLLAND
v STATE OF TASMANIA

REASONS FOR JUDGMENT  COURT OF CRIMINAL APPEAL

TENNENT J
PEARCE J
BRETT J
14 March 2017

Order of the Court (8 March 2017)

Appeal dismissed.

Serial No 2/2017

File No 1230/2016

SAMUEL WILLIAM MURRAY MULHOLLAND
v STATE OF TASMANIA

REASONS FOR JUDGMENT  COURT OF CRIMINAL APPEAL

TENNENT J
14 March 2017

  1. On 8 March 2017, following the hearing of this appeal, I joined in the making of an order dismissing it. I have now had the benefit of reading reasons prepared by Pearce J as to why he joined in the making of the order of dismissal. I agree with those reasons.

File No 1230/2016

SAMUEL WILLIAM MURRAY MULHOLLAND
v STATE OF TASMANIA

REASONS FOR JUDGMENT  COURT OF CRIMINAL APPEAL

PEARCE J
14 March 2017

  1. The appellant, Samuel Mulholland, was found guilty by a jury of rape. He was sentenced by Porter J to imprisonment for 3½ years from 18 March 2016 with eligibility for parole after having served half the sentence. His Honour ordered that the appellant's name be placed on the register under the Community Protection (Offender Reporting) Act 2005 (the Act) and that he comply with the requirements under that Act for a period of three years following release. This appeal challenges the sentence on the sole ground that it is manifestly excessive.

  2. On 8 March 2017, after…

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AGLC
Mulholland v Tasmania [2017] TASCCA 2
Case
[2017] TASCCA 2
Decision Date

CaseChat Overview and Summary

The Full Court of the Supreme Court of Tasmania heard an appeal by the offender, Mulholland, against a sentence of imprisonment for three and a half years imposed upon him following a conviction for rape.

The central legal issue before the Court was whether the sentence imposed was manifestly excessive, thereby providing grounds for interference on appeal.

The Court considered the nature of the offence, the circumstances surrounding its commission, and the sentencing principles applicable to such matters. Applying these considerations, the Court concluded that the sentence of three and a half years imprisonment was not demonstrably outside the range of appropriate sentences for the offence of rape in the circumstances of this case. Therefore, the sentence was not found to be manifestly excessive.

The appeal was dismissed.

Orders

Orders of the court

Appeal dismissed.

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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