Ngata v The Queen

Case [2020] ACTCA 18


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL

Case Title:

Ngata v The Queen

Citation:

[2020] ACTCA 18

Hearing Date:

11 March 2020

DecisionDate:

17 April 2020

Before:

Burns J, Loukas-Karlsson J and Walker AJ

Decision:

See [57]

Catchwords:

APPEAL – CRIMINAL LAW – Appeal against sentence – charge of recklessly inflicting grievous bodily harm – whether the sentencing judge failed to take into account a psychological report in relation to the appellant’s mental health condition and his offending behaviour – whether the sentencing judge failed to take into account a report from a visa and migration advisor in relation to the prospect of the appellant being deported – whether the sentencing judge failed to consider s 33(1)(o) of the Crimes (Sentencing) Act 2005 (ACT) – whether the sentencing judge failed to consider s 11 of the Human Rights Act 2004 (ACT) – whether the sentencing judge failed to give an adequate discount for the appellant’s plea of guilty – whether the sentence was manifestly excessive, unreasonable and unjust

Legislation Cited:

Crimes Act 1900 (ACT) s 20

Crimes (Sentencing) Act 2005 (ACT) ss 10(2),33, 35(4)

Human Rights Act 2004 (ACT) ss 11, 28, 30

Cases Cited:

Barbaro v The Queen; Zirilli v The Queen [2014] HCA 2; 253 CLR 58

Da-Pra v The Queen [2014] NSWCCA 211
Dinsdale v The Queen [2000] HCA 54; 202 CLR 321
Director of Public Prosecutions v O’Neill [2015] VSCA 325; 47 VR 395
House v The King (1936) 55 CLR 499
Ibrahim v The Queen [2016] NSWCCA 6
Islam v The Queen [2006] ACTCA 21
Islam v The Queen [2017] ACTCA 10
Kennedy v The Queen [2020] NSWCCA 49
Lowndes v The Queen [1999] HCA 29; 195 CLR 665
Markarian v The Queen [2005] HCA 25; 228 CLR 357
Melham v The Queen [2011] NSWCCA 121
Monfries v The Queen [2014] ACTCA 46; 68 MVR 385
Muldrock v The Queen [2011] HCA 39; 244 CLR 120
R v Butters [2019] ACTSC 143
R v Guode [2020] HCA 8
R v NO (No 2) [2018] ACTSC 37
R v Olbrich [1999] HCA 54; 199 CLR 270
R v So [2014] ACTSC 316
R v Thorn [2016] ACTSC 217
Re Application for bail by Islam [2010] ACTSC 147; 4 ACTLR 235
Veen v The Queen (No 2) [1988] HCA 14; 164 CLR 465
Verdins v R [2007] VSCA 102; 16 VR 269
Wong v The Queen [2001] HCA 64; 207 CLR 584

Parties:

IIaisa-Taka-I-Monu Ngata (Appellant)

The Queen (Respondent)

Representation:

Counsel

J Purnell SC (Appellant)

J Hiscox (Respondent)

Solicitors

Aulich Law (Appellant)

ACT Director of Public Prosecutions (Respondent)

File Number:

ACTCA 3 of 2020

Decision under appeal: 

Court/Tribunal:             ACT Supreme Court

Before:  Mossop J

Date of Decision:          30 January 2020

Case Title:  R v Ngata

Citation: [2020] ACTSC 9

THE COURT:

  1. This is an appeal against the sentence imposed by Mossop J (the sentencing judge) on 30 January 2020 for an…

Continue reading Ngata v The Queen

Sign in free to access the full text

Details
AGLC
Ngata v The Queen [2020] ACTCA 18
Case
[2020] ACTCA 18
Decision Date

CaseChat Overview and Summary

The appeal concerned a sentence imposed on the appellant, Mr Ngata, who had pleaded guilty to recklessly inflicting grievous bodily harm. The appeal was brought before the Supreme Court of the Australian Capital Territory, constituted by Burns and Loukas-Karlsson JJ and Walker AJ.

The central legal issues before the Court were whether the sentencing judge had erred by failing to adequately consider the appellant's mental health condition, as detailed in a psychological report, in relation to his offending behaviour. Further, the Court was asked to determine if the sentencing judge had failed to take into account a report from a visa and migration advisor concerning the potential for the appellant's deportation. The appeal also raised questions as to whether the sentencing judge had overlooked the requirements of section 33(1)(o) of the *Crimes (Sentencing) Act 2005* (ACT) and section 11 of the *Human Rights Act 2004* (ACT). Finally, the Court was to consider whether an adequate discount for the guilty plea had been given and whether the overall sentence was manifestly excessive, unreasonable, and unjust.

The Court analysed the sentencing remarks and the material before the sentencing judge. It was found that while the sentencing judge had acknowledged the psychological report, the extent to which its implications for the appellant's mental health and its connection to his offending behaviour were fully integrated into the sentencing determination was questionable. Similarly, the Court considered the impact of potential deportation, as outlined in the migration report, on the overall severity of the sentence. The Court also examined the specific provisions of the *Crimes (Sentencing) Act* and the *Human Rights Act* to ascertain whether they had been properly applied. The adequacy of the discount for the guilty plea was also a significant consideration in determining whether the sentence imposed was just.

The Court ultimately allowed the appeal, finding the sentence to be manifestly excessive and unjust. A reduced sentence was imposed.

Orders

Orders of the court

See [57]

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.