Payne v The Queen [2007] NTCCA 10
PARTIES:PAYNE, Roseanne Rita
v
THE QUEEN
TITLE OF COURT: COURT OF CRIMINAL APPEAL OF THE NORTHERN TERRITORY
JURISDICTION: CRIMINAL APPEAL FROM THE SUPREME COURT EXERCISING TERRITORY JURISDICTION
FILE NO:CA 12 of 2006 (20520811)
DELIVERED: 20 AUGUST 2007
HEARING DATES: 14 AUGUST 2007
JUDGMENT OF: MARTIN (BR) CJ, ANGEL AND RILEY JJ
APPEAL FROM: MARTIN (BF) AJ, 16 JUNE 2006
CATCHWORDS:
APPEAL – CRIMINAL LAW
Appeal against sentence – multiple counts of stealing, forgery and uttering – whether sentence manifestly excessive – fresh evidence not available at sentence – appeal allowed – re-sentenced.
Criminal Code Act 1983 (NT) s 210, s 233, s 258, s 260, s 276B and s 285
Dooley v The Queen [2003] NTCCA 6, applied
Damaso v The Queen (2002) 130 A Crim R 206; Daniels v The Queen [2007] NTCCA 9, referred to.REPRESENTATION:
Counsel:
Appellant:P Elliott
Respondent: F Hardy
Solicitors:
Appellant:Collier & Deane
Respondent: Office of the Director of Public Prosecutions
Judgment category classification: A
Judgment ID Number: Mar0711
Number of pages: 16
IN THE COURT OF CRIMINAL APPEAL
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT DARWINPayne v The Queen [2007] NTCCA 10
No. CA 12 of 2006 (20520811)
BETWEEN:
ROSEANNE RITA PAYNE
Appellant
AND:
THE QUEEN
Respondent
CORAM: MARTIN (BR) CJ, ANGEL AND RILEY JJ
REASONS FOR JUDGMENT
(Delivered 20 August 2007)
The Court:
Introduction
The appellant pleaded guilty to a series of offences of dishonesty including stealing. The learned sentencing Judge imposed a total sentence of six years and fixed a non-parole period of three years.
On appeal, the appellant submitted that the head sentence and non-parole period were manifestly excessive. In addition the appellant relied upon fresh evidence which was not available at the time of sentence.
At the conclusion of the hearing of the appeal the Court allowed the appeal and set aside the sentence. The Court imposed a sentence of five years imprisonment commencing 13 June 2006 and ordered that the sentence be suspended on conditions of supervision after the appellant had served a period of 14 months commencing 13 June 2006. In other words, the sentence was suspended immediately.
We now set out our reasons for allowing the appeal.
Facts of Offending
On 6 April 2004 the appellant commenced employment as a Primary Health Care Access Program administrative assistant with the Central Australia Remote Health Division of the Northern Territory Department of Health and Community Services. She worked from an office in Alice Springs.
The Remote Health Program commenced in March 2004 and is responsible for managing the primary health care access program for three remote Aboriginal health zones which receive funding. It is a program of health system reform designed to improve access to and provision of appropriate primary health care services for Aboriginal and Torres Strait Islander people at the local level. The program aims to empower individuals and communities to take greater responsibility for their own health.
Part of the implementation of the program involved steering…
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- Payne v The Queen [2007] NTCCA 10
- Case
- [2007] NTCCA 10
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CaseChat Overview and Summary
The primary legal issue before the Court of Criminal Appeal was whether the sentence imposed by the sentencing judge was manifestly excessive, particularly in light of fresh evidence that had not been available at the time of the original sentencing. This fresh evidence related to the appellant's gambling addiction, severe depression, and a pregnancy that was not disclosed at the initial sentencing hearing. The Court was required to determine the relevance and weight of these factors in assessing the appropriateness of the original sentence and whether they warranted a reduction or alteration of the sentence.
The Court reasoned that while gambling addiction and depression are often underlying factors in dishonesty offences and are treated with caution as mitigating factors, they can be given weight if they causally link to the commission of the crimes and distort the offender's thought processes. In this instance, the Court found a direct causal link between the appellant's psychological state, which adversely affected her ability to think rationally and resist her gambling compulsion, and the commission of the offences. Furthermore, the Court considered the appellant's pregnancy at the time of sentencing, and the likely detrimental effect of separation from her infant daughter on her fragile psychological state, as fresh evidence that would have likely influenced the original sentencing decision.
The Court allowed the appeal and substituted the original sentence with one of five years imprisonment, suspended after the appellant had served 14 months. The conditions of suspension required the appellant to be under supervision for a period of three years and ten months, obeying directions regarding residence, associates, employment, and crucially, counselling and treatment for her depression, addiction, and gambling issues, including residential programs.
Orders
Orders of the court
1. Appeal allowed and substituted a sentence of five years imprisonment to be suspended after the appellant had served a period of 14 months commencing 13 June 2006.
2. Conditions of suspension require that for a period of three years and ten months from the date of release, the appellant be under the supervision of the Director of Correctional Services and obey the reasonable directions of the Director or a probation officer including directions as to residence, associates, employment and counselling and treatment including counselling and treatment for depression, addiction to alcohol or other drugs and gambling.
3. The requirement to obey directions as to counselling and treatment included obeying directions as to undertaking and complying with residential programs.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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