Neill v Police

Case [1999] SASC 270


NEILL  v  POLICE
[1999] SASC 270

Magistrates Appeals:  Criminal

  1. DOYLE CJ.  (ex tempore)             This is an appeal against a sentence imposed by the Magistrates Court.  There are two grounds.  The first is that the sentence is manifestly excessive in light of the material before the magistrate.  The second is that an event occurring after sentence was passed should be taken into account and, in light of that, the sentence is manifestly excessive.

  2. The appellant pleaded guilty in the Magistrates Court to six counts of breaking and entering a dwelling and stealing property from the dwelling.  The offences were in April, August, September and October 1998.  The value of the property taken ranged from $305 in one case, to about $2,500 in another case.  I calculate the total value at about $10,000.  Some of the property was apparently recovered but how much is unclear.  Some of the property was pawned; that resulted in two counts of obtaining property by false pretences.  The appellant pleaded guilty to these counts.

  3. There was one count of being in possession of property suspected of being stolen, the appellant pleaded guilty to that.  There was also a count alleging a breach of bail conditions; the appellant pleaded guilty to that.

  4. The appellant was charged on two informations.  The first information alleged four counts of breaking and entering and two counts of obtaining property by false pretences.  On that information the magistrate imposed a single sentence of 2 years 6 months’ imprisonment.  The second information alleged two counts of breaking and entering and also the breach of bail.  The magistrate imposed a single sentence of 1 year 6 months’ imprisonment, cumulative on the first sentence.

  5. In relation to the combined head sentence of 4 years, the magistrate fixed a non-parole period of 2 years 6 months.  The head sentence and non-parole period run from 21 October 1998.

  6. The breaking and entering offences are serious offences.  The offence is a prevalent offence.  It often has significant effects on the home owner and occupier.  It is an offence that causes real community concern.  The magistrate was right to regard these offences as serious.

  7. The offences of obtaining property by false pretences and possessing property suspected of being stolen do not involve the same effects on victims, but remain serious.  They indicate an ongoing disregard of the rights of other members of society.

  8. I turn now to the matters that were put to the magistrate.

  9. First of all the appellant pleaded guilty.  The magistrate had a helpful pre-sentence report and a psychiatric report.  Mr Neill is 33 years of age.  He had an upbringing that can truly be called abnormal, judged by what he has told the report writers.  As a child he was treated by a de facto stepfather in a fashion that left him ill equipped to participate in society in a normal manner.  He has been heroin dependent since about the age of 16.  He has used heroin regularly since then, except when in gaol. 

  10. Mr Neill…

Continue reading Neill v Police

Sign in free to access the full text

Details
AGLC
Neill v Police [1999] SASC 270
Case
[1999] SASC 270
Decision Date

CaseChat Overview and Summary

In the case of Neill v Police, the appellant challenged the sentence imposed by the Magistrates Court on appeal to the Supreme Court. The appellant had pleaded guilty to multiple counts of breaking and entering, stealing, obtaining property by false pretences, and breaching bail conditions. The court was required to decide whether the sentence was manifestly excessive and if an event occurring after sentence, the death of the appellant's partner, should be taken into account. The sentencing was influenced by the appellant's background, including a troubled upbringing, heroin dependency, lack of employment skills, and a significant criminal history. The court found that the sentence, while serious, was within the appropriate range and that the magistrate had considered all relevant factors.

The Supreme Court considered whether the fresh evidence of the appellant's partner's death and the impact on the children should lead to a reduction in the sentence. The court found that the impact on the family was a matter before the magistrate, and the fresh evidence revealed an aspect that was not known at the time. However, the court concluded that the head sentence should remain unchanged, but the non-parole period could be reduced to better support the appellant's daughters. The court allowed the appeal, set aside the original sentence, and substituted a new sentence with a reduced non-parole period to reflect the welfare of the appellant's daughters.

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

DOYLE CJ

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Established by: DOYLE CJ

Full text does not contain this section.