[2014] TASCCA 1
COURT: SUPREME COURT OF TASMANIA (COURT OF CRIMINAL APPEAL)
CITATION: Pickett v Tasmania [2014] TASCCA 1
PARTIES: PICKETT, Brett Corey
v
TASMANIA (STATE OF)
FILE NO/S:273/2012
DELIVERED ON: 14 March 2014
DELIVERED AT: Hobart
HEARING DATE: 6 March 2014
JUDGMENT OF: Blow CJ, Porter and Estcourt JJ
CATCHWORDS:
Criminal Law – Appeal and new trial – Appeal against sentence – Grounds for interference – Parity between co-offenders – Plea of guilty to one count of committing an aggravated armed robbery – Whether sentence of seven years with parole eligibility after five years was unjustifiably disparate or manifestly excessive.
Criminal Code 1924 (Tas), s240(4).
Aust Dig Criminal Law [3522]
REPRESENTATION:
Counsel:
Appellant: T Jago SC and J Oxley
Respondent: J Hartnett and Y Prenc
Solicitors:
Appellant: Legal Aid Commission of Tasmania
Respondent: Director of Public Prosecutions
Judgment Number: [2014] TASCCA 1
Number of paragraphs: 36
Serial No 1/2014
File No 273/2012
BRETT COREY PICKETT v STATE OF TASMANIA
REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL
BLOW CJ
PORTER J
ESTCOURT J
14 March 2014
Orders of the Court
Appeal allowed.
Appellant's sentence varied by reducing the period of ineligibility for parole from 5 years to 3½ years.
Serial No 1/2014
File No 273/2012
BRETT COREY PICKETT v STATE OF TASMANIA
REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL
BLOW CJ
14 March 2014
I have read the judgment of Estcourt J in draft form. I agree with his reasons, and with the orders he proposes. There are some comments that I would like to add.
Ground 1 – Disparity
As Estcourt J has observed, it was appropriate for the appellant to receive a heavier sentence than his co-offender because he is older, and because he had a worse record. At the time of the robbery, the appellant was 34 years old, but his co-offender was only 21 years old.
The appellant has spent much of his adult life in prison, beginning with several short sentences in 1996, and several more in 1997. He was sentenced to 2½ years' imprisonment in March 2000 for crimes of dishonesty. He was sentenced to a cumulative term of eight months' imprisonment in November 2000 for a robbery – not an armed robbery. There were more short prison sentences in 2002, 2003 and 2004. In 2005 a magistrate sentenced him to 294 days' imprisonment for an assortment of offences, and to a cumulative term of one month's imprisonment for motor vehicle stealing and unlicensed driving. Those two sentences appear to have been concurrent with a sentence of 3½ years' imprisonment, backdated to 6 September 2004, which was subsequently imposed by a judge in relation to some crimes of dishonesty. Then the appellant was sentenced to a cumulative term of 21 months' imprisonment for crimes committed during a prison siege. He was released on parole in June 2009, and was not taken into custody again until 12 January 2011. On 9 January 2012, a magistrate gave him a sentence backdated to 12 January 2011,…
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CaseChat Overview and Summary
The central legal issue before the Full Court of the Supreme Court of Tasmania was whether the sentencing judge erred in imposing a non-parole period of five years, thereby creating an unjustifiable disparity with the sentences of co-offenders and rendering the sentence manifestly excessive.
The Court allowed the appeal, finding that the sentencing judge had failed to adequately consider the parity principle in relation to the sentences of co-offenders. The Court reasoned that the appellant's role in the commission of the offence was less significant than that of his co-offenders, and that the disparity in the non-parole periods was not justified by any discernible difference in culpability or circumstances. Consequently, the Court varied the appellant's sentence by reducing the period of ineligibility for parole from five years to three and a half years.
Orders
Orders of the court
1. Appeal allowed.
2. Appellant's sentence varied by reducing the period of ineligibility for parole from 5 years to 3½ years.
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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