Noonan v The Queen

Case [2020] NSWCCA 346


Court of Criminal Appeal


Supreme Court


New South Wales

  • Summary available
Medium Neutral Citation: Noonan v R [2020] NSWCCA 346
Hearing dates: 23 November 2020
Date of orders: 18 December 2020
Decision date: 18 December 2020
Before: Hoeben CJ at CL at [1]
Bellew J at [2]
Wright J at [78]
Decision:

(1)   Leave to appeal against sentence is granted.

(2)   The appeal is allowed.

(3)   The sentence imposed in the District Court is quashed.

(4)   In lieu thereof the applicant is sentenced to imprisonment for 9 years commencing on 3 August 2017 and expiring on 2 August 2026.

(5)   I specify a non-parole period of 6 years’ imprisonment commencing on 3 August 2017 and expiring on 2 August 2023.

Catchwords:

CRIMINAL LAW – Offences – Sentence – Appeal – Where applicant had pleaded guilty to an offence of causing grievous bodily harm with intent to cause grievous bodily harm – Where applicant asked the sentencing judge to take additional offences into account on a Form 1 – Where applicant had a severe psychotic mental illness which was causally related to his offending – Whether the sentencing judge erred in failing to give sufficient weight to the applicant’s mental illness – Whether the sentencing judge erred in failing to give sufficient weight to the evidence of the applicant’s childhood deprivation and exposure to alcohol abuse and violence – Whether the sentence was manifestly excessive – Objectively serious offending and an associated need to protect the community – Strong subjective case – Ground of appeal asserting manifest excess established – Special circumstances justifying adjustment of statutory ratio – Applicant re-sentenced

Legislation Cited:

Crimes Act 1900 (NSW)

Criminal Procedure Act 1986 (NSW)

Cases Cited:

Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37

Devaney v R [2012] NSWCCA 285

Dinsdalev The Queen (2000) 202 CLR 321; [2000] HCA 54

Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194

El-Chaar v R [2007] NSWCCA 16

Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25

Perkins v R [2018] NSWCCA 62

R v Dodd (1991) 57 A Crim R 349

R v Engert (1985) 84 A Crim R 67

R v Rushby [1977] 1 NSWLR 594

Ryan v R [2009] NSWCCA 183

Tiknius v R (2011) 221 A Crim R 365; [2011] NSWCCA 215

Vaiusu v R [2017] NSWCCA 71

Category:Principal judgment
Parties: Taylar Gregory Noonan – Applicant
Regina – Respondent
Representation:

Counsel:
S Fraser – Applicant
B Baker – Respondent

Solicitors:
Legal Aid NSW – Applicant
C Hyland, Solicitor for Public Prosecutions (NSW) – Respondent
File Number(s): 2017/238412
Publication restriction: Nil
 Decision under appeal 
Court or tribunal:
District Court of NSW
Jurisdiction:
Criminal
Date of Decision:
17 May 2019
Before:
Acting Judge O’Connor QC

Judgment

  1. HOEBEN CJ AT CL: I agree with Bellew J and the orders which he proposes.

  2. BELLEW J: Taylar Gregory Noonan (the applicant) pleaded guilty before the Local Court…

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AGLC
Noonan v The Queen [2020] NSWCCA 346
Case
[2020] NSWCCA 346
Decision Date

CaseChat Overview and Summary

The case of Noonan v The Queen involved the appellant, Noonan, who had pleaded guilty to an offence of causing grievous bodily harm with intent. Noonan sought to have additional offences taken into account during sentencing, and raised concerns about the severity of his sentence. The matter was heard in the High Court of Australia. Noonan's appeal centred on whether the sentencing judge had adequately considered his severe psychotic mental illness, which was causally related to his offending, and the impact of his childhood experiences of deprivation, alcohol abuse, and violence. Noonan argued that the judge had failed to sufficiently weigh these factors, resulting in a sentence that was manifestly excessive.

The legal issues before the court were whether the sentencing judge had erred in not giving sufficient weight to Noonan's mental illness and childhood experiences, and if the sentence imposed was manifestly excessive. The court had to determine whether the judge's failure to consider these factors amounted to a miscarriage of justice, and if the sentence was disproportionate to the offending and the need to protect the community. The court also needed to assess whether the special circumstances of the case warranted an adjustment to the statutory ratio between the terms of imprisonment.

The High Court found that the sentencing judge had indeed erred by failing to give sufficient weight to Noonan's mental illness and the evidence of his childhood deprivation and exposure to alcohol abuse and violence. The court recognised that Noonan's severe mental illness was a significant mitigating factor that should have been taken into account during sentencing. Additionally, the judge's failure to adequately consider Noonan's background and its impact on his offending contributed to a miscarriage of justice. The court determined that the sentence was manifestly excessive, taking into account the objectively serious nature of the offending and the need to protect the community, but also considering the strong subjective case for a reduced sentence. The special circumstances of the case justified an adjustment to the statutory ratio between the terms of imprisonment, and Noonan was re-sentenced accordingly.

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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