CITATION: Regina v Atkinson [2001] NSWCCA 135 FILE NUMBER(S): CCA 60555/99 HEARING DATE(S): 28 March 2001 JUDGMENT DATE:
28 March 2001PARTIES :
Regina v Steven Miimetua AtkinsonJUDGMENT OF: Greg James J at 34; Smart AJ at 1
LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S) : 99/21/2122 LOWER COURT JUDICIAL
OFFICER :Goldring DCJ
COUNSEL : (A) J S Andrews
(R) C K Maxwell QCSOLICITORS: (A) D J Humphreys
(R) S E O'ConnorCATCHWORDS: Sentencing - parity - special circumstances - intellectual and living disabilities - prospects of rehabilitation - allowance for plea of guilty LEGISLATION CITED: Nil CASES CITED: Nil DECISION: Leave to appeal granted - Appeal allowed - sentence quashed. In lieu of the sentence imposed the applicant is sentenced to imprisonment for a period of five years three months commencing on 20 April 1999 with a non-parole period of two years commencing on that day and ending on 19 April 2001.
60555/99IN THE COURT OF
CRIMINAL APPEAL
G JAMES J
SMART AJ
1 SMART AJ : Steven Miimetua Atkinson seeks leave to appeal against the severity of a sentence comprising a minimum term of two years nine months and an additional term of three years. The offence was that on 20 April 1999 at Liverpool he robbed the victim of $100 while being in company with Miha Misi and William Atkinson. The judge correctly stated the charge. The original charge included the words "whilst being armed with a knife" but these words were struck out.
2 In recounting the facts the judge stated that Misi was armed with a black coloured imitation pistol and the applicant with a silver bladed serrated edged knife. The charge did not include robbery whilst armed.
3 About 10.20 pm on 20 April 1999 the victim and a friend were at the National Australia Bank ATM on the corner of Macquarie and Scott Streets Liverpool. The victim had just withdrawn $100 when Misi and the applicant approached him from behind. Misi aimed the pistol at the victim and demanded that he hand over the money. The victim did so. Misi demanded that the victim withdraw more money. Before he could do so Misi and Atkinson ran to a red Ford Laser car nearby and they were driven off by William Atkinson. The registration number was taken.
4 At about 12.30 am on 21 April 1999 a girl and the two Atkinson brothers were stopped in the red Laser sedan at Warwick Farm. During a search of the car two black beanies and a silver bladed serrated edged knife were located. This provided a useful evidentiary link. About 3.20 am the police went to the premises in Warwick Farm where Misi and Atkinson were living. They found some clothing as described by the victim and a black imitation pistol. These were further evidentiary links.
5 In his recorded interview the applicant stated that he went to the automatic…
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- AGLC
- R v Atkinson [2001] NSWCCA 135
- Case
- [2001] NSWCCA 135
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the sentencing should reflect the special circumstances of Atkinson's disabilities, the impact of these disabilities on his prospects of rehabilitation, and the appropriate weight to give to Atkinson's plea of guilty. The court had to balance these considerations with the need to ensure that the sentence was commensurate with the seriousness of the crime.
In delivering the judgment, the court acknowledged the respondent's disabilities and the impact they had on his prospects for rehabilitation. The court recognised that Atkinson's plea of guilty should be given due weight, but it also emphasised the need for the sentence to reflect the seriousness of the crime committed. The court determined that a sentence that took into account Atkinson's disabilities and the plea of guilty, while still addressing the gravity of the offence, was appropriate. The court ultimately decided on a sentence that was less severe than a standard penalty for the crime, reflecting the special circumstances and the plea of guilty.
The court made orders for the respondent to be sentenced accordingly, taking into consideration the factors outlined in the judgment. The precise details of the sentence were not specified in the text, but the court's approach and reasoning were clearly articulated.
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
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Ratio Decidendi
Legal Principle Established
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