[2002] SASC 174
R v ARMSTRONGCourt of Criminal Appeal: Doyle CJ, Perry and Lander JJ
DOYLE CJ. I agree with the orders proposed by Lander J. I agree with his reasons.
I add the following brief remarks.
The offences were committed over a period of about one and a half hours. During that time the victim displayed considerable courage and persistence in attempting to escape from the house within which the respondent had confined her. The responded thwarted the victim’s efforts each time. The offending was protracted, and the respondent demonstrated considerable determination to have his way. I regard the crimes as serious instances of their kind. They were crimes which would attract a sentence well into the upper range for this offence.
I recognise that because the respondent is a man who normally lives on remote Aboriginal lands, imprisonment will have a greater impact on him and on his family than it would have on an offender and family from an urban area. This was a relevant factor for the District Court Judge to take into account.
But the seriousness of the crimes, and the need to impose a sentence that reflects that seriousness, combined to limit the leniency that can be accorded to the respondent on the basis just identified.
The District Court Judge must have given excessive weight to this factor. In doing so he erred in principle, and ultimately imposed a sentence that is so inadequate that the court must interfere. The sentence is one which would rightly attract public criticism on the basis that it reflects a wholly inadequate standard of punishment for such serious offences, and gives excessive weight to one particular mitigating factor.
PERRY J. In my opinion, this is a proper case in which to grant leave to appeal to the Director of Public Prosecutions, and that the appeal should be allowed.
I agree with the orders proposed by Lander J and with his reasons.
LANDER J. This is an application by the Director of Public Prosecutions for leave to appeal against a sentence imposed upon the respondent in the District Court on 22 February 2002.
The respondent was charged with three counts of rape upon the same victim on 28 July 2001 at Port Augusta. He pleaded guilty to the charges and one sentence was imposed under s 18A of the Criminal Law (Sentencing) Act1988 (SA) being a sentence of imprisonment for five years. The sentencing judge set a non-parole period of 18 months commencing on 28 July 2001, which was the day the respondent went into custody.
The grounds upon which leave to appeal is sought are that the sentence imposed is manifestly inadequate in failing to maintain an adequate standard of punishment for offences of rape committed in such circumstances; failing to adequately reflect the element of deterrence and being disproportionate to the seriousness of the offence.
The respondent was born on 1 July 1972. He is a Pitjantjatjara Aboriginal man who has lived most of his…
Continue reading R v Armstrong
Sign in free to access the full text
- AGLC
- R v Armstrong [2002] SASC 174
- Case
- [2002] SASC 174
- Decision Date
CaseChat Overview and Summary
The court found that the sentence imposed by the District Court was manifestly inadequate and failed to maintain an adequate standard of punishment and adequately reflect the element of deterrence. The crimes were serious instances of their kind, and the sentence imposed did not reflect the criminality involved. The court found that the District Court Judge had given excessive weight to the factor of the respondent's remote Aboriginal background and had erred in principle. The sentence was so inadequate that it would rightly attract public criticism and gave excessive weight to one particular mitigating factor. The Court of Criminal Appeal granted leave to the Director of Public Prosecutions to appeal and allowed the appeal.
The Court of Criminal Appeal set aside the sentence imposed by the sentencing judge and sentenced the respondent to imprisonment for 9 years with a non-parole period of five years. The court took into account the respondent's early plea, which evinced some contrition and remorse on his part, and his prospects of rehabilitation. The sentences were to date from 28 July 2001, the day the respondent went into custody.
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
Established by: DOYLE CJ, PERRY J, LANDER J
Full text does not contain this section.