Pratt v The Queen

Case [2021] NSWCCA 76


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Pratt v R [2021] NSWCCA 76
Hearing dates: 19 October 2020
Decision date: 23 April 2021
Before: Hoeben CJ at CL at [1];
Harrison J at [75];
Bellew J at [76]
Decision:

(1)   Grant leave to appeal against sentence.

(2)   Dismiss the appeal.

Catchwords:

CRIMINAL LAW – sentence appeal – attempted sexual intercourse without consent – maximum penalty of 14 years imprisonment – assault on victim in train carriage – applicant under influence of methamphetamine at time of offending – no connection between mental condition and offending – applicant raised in environment of drug abuse and violence – previous conviction for producing child abuse material – finding of remorse – prospects of rehabilitation guarded – whether sentence manifestly excessive – limitations on use of comparative cases – leave to appeal granted but appeal dismissed.

Legislation Cited:

Crimes Act 1900 (NSW) – s 61I

Criminal Appeal Act 1912 (NSW) – s 5(1)(c)

Cases Cited:

Adzioski v R [2013] NSWCCA 69

Al Mosawe v R [2012] NSWCCA 275

DAC v Regina [2006] NSWCCA 265

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

FV v Regina [2006] NSWCCA 237

Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45

JJ v R [2020] NSWCCA 165

Moodie v R [2020] NSWCCA 160

R v David Ford [2018] NSWDC 183

R v Nahn [2017] NSWDC 432

Smith v R [2020] NSWCCA 181

Vandeventer v R [2013] NSWCCA 33

Wright v R [2019] NSWCCA 134

Category:Principal judgment
Parties: Nathan Pratt – Applicant
Regina – Respondent
Representation:

Counsel:
S Fraser – Applicant
K Jeffreys – Respondent

Solicitors:
Legal Aid NSW – Applicant
Solicitor for Public Prosecutions – Respondent
File Number(s): 2018/237941
 Decision under appeal 
Court or tribunal:
District Court of NSW
Jurisdiction:
Criminal
Date of Decision:
19 July 2019
Before:
Zahra SC DCJ
File Number(s):
2018/237941

JUDGMENT

  1. HOEBEN CJ at CL:

Offence and sentence

The applicant seeks leave pursuant to s 5(1)(c) of the Criminal Appeal Act 1912 (NSW) to appeal against the sentence imposed on him by his Honour Judge Zahra SC (the sentencing judge) at the Sydney District Court on 19 July 2019.

  1. The applicant received a sentence of imprisonment for 6 years with a non-parole period of 3 years and 7 months for an offence of attempt sexual intercourse without consent, contrary to s 61I of the Crimes Act 1900 (NSW). The offence attracts a maximum penalty of 14 years imprisonment. As the offence was one of attempt, the standard non-parole period of 7 years did not apply. The sentence commenced on 2 September 2018 and expires on 1 September 2024. The non-parole period is to expire on 1 April 2022. An offence of possessing less than a small quantity of a prohibited drug was taken into account on a Form 1.

  2. The sentencing judge applied a discount of 25 per cent for the early plea of guilty. His Honour found…

Continue reading Pratt v The Queen

Sign in free to access the full text

Details
AGLC
Pratt v The Queen [2021] NSWCCA 76
Case
[2021] NSWCCA 76
Decision Date

CaseChat Overview and Summary

The applicant, Pratt, appealed against the sentence imposed on him following a conviction for attempted sexual intercourse without consent. The maximum penalty for this offence is 14 years imprisonment. The court had to decide if the sentence was manifestly excessive. The applicant had assaulted the victim in a train carriage while under the influence of methamphetamine. The applicant had no connection between his mental condition and the offending, having been raised in an environment of drug abuse and violence. The applicant had a previous conviction for producing child abuse material, but had shown remorse and had guarded prospects of rehabilitation.

The court examined the sentencing principles relevant to the case, including the need for punishment, deterrence, and rehabilitation. It considered the severity of the offence and the need to protect the community. The court also considered the applicant's background and personal circumstances, including his upbringing and drug use. The court noted that the applicant had shown some remorse, but this was not enough to significantly reduce the sentence. The court found that the sentence was not manifestly excessive and dismissed the appeal.

The court recognised the limitations of using comparative cases in determining whether a sentence is manifestly excessive. The court held that each case must be considered on its own merits, and that the sentence must be proportionate to the offence and the offender. The court also noted that the applicant's prospects of rehabilitation were guarded, and that this was a relevant consideration in determining the sentence.

The court granted leave to appeal, but dismissed the appeal. The court held that the sentence was not manifestly excessive and that the applicant had not demonstrated that the sentence was unjust or disproportionate. The court emphasised the importance of protecting the community and ensuring that sentences reflect the seriousness of the offence. The appeal was dismissed, and the original sentence was upheld.

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

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.