R. v Baker - [1999] NSWCCA 150

CITATION: R. v Baker [1999] NSWCCA 150

FILE NUMBER(S): CCA 60452/98

HEARING DATE(S): 11 June 1999

JUDGMENT DATE:
11 June 1999

PARTIES :

REGINA v Diane Elizabeth BAKER

JUDGMENT OF: Grove J at 33; Carruthers AJ at 1-32

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S) : 98/31/0201

LOWER COURT JUDICIAL OFFICER: JOB DCJ

COUNSEL: R. Burgess for the Applicant.
R.A. Hulme for the Crown.

SOLICITORS: C.K. Smith for the Crown.

CATCHWORDS: Criminal law - sentence appeal against severity; One count of armed robbery; Obtain benefit by deception; Goods in custody; break, enter & steal; Assault; Breach of recognisance; Steal articles in course of post on a schedule. Drug addiction (heroin). Special circumstances. Quasi custody not restricted to Odyssey House.

ACTS CITED: 97(1) of Crimes Act 1900
5(2) of Sentencing Act 1989

CASES CITED:
Fisher (CCA unreported 18//9/98)
Eastaway, (CCA Unreported 19/5/98)
Cartwright (1989) 17 NSWLR at 258-259
Douglas (CCA Unreported 4/3/97)
Hampton (CCA unreported 25/6/98)
Morrisey (CCA unreported 15/7/94)
McDonald (CCA unreported 12/10/98)
GDR (1994) 35 NSWLR at 376

DECISION: Grant leave to appeal.; Appeal dismissed.

- 11 -
IN THE COURT OF
CRIMINAL APPEAL
60452/98

GROVE J

CARRUTHERS AJ

FRIDAY 11 JUNE 1999

DIANE ELIZABETH BAKER v REGINA (NSW)

JUDGMENT
1 CARRUTHERS AJ: Diane Elizabeth Baker seeks leave to appeal against the sentence imposed upon her at the Newcastle District Court on 11 August 1998 by his Honour Judge Job QC in respect of one count of armed robbery under section 97(1) of the Crimes Act 1900. His Honour was also asked to take into account five matters on a schedule, namely one count of obtain benefit by deception, one count of goods in custody, two counts of break, enter and steal and two counts of assault.
2 His Honour sentenced the applicant to a minimum term of two years and four months penal servitude to commence on 6 August 1998 and to expire on 5 December 2000. His Honour fixed an additional terms of nine months to commence on 6 December 2000 and to expire on 5 September 2001.
3 It is also convenient to note that on 25 September 1998 the applicant was sentenced at the Newcastle Local Court, for breach of her recognisance, to a fixed term of 12 months to commence on 25 September 1998 and to expire on 24 September 1999. That recognisance was breached by reason of the offences for which Judge Job sentenced the applicant.
4 The circumstances of the subject armed robbery are serious and I shall take them from a statement by the victim, Robert Clark, which was tendered by consent before his Honour.
5 At about 5pm on Friday 27 March 1998 the victim, Robert Clark, was then 89 years of age with greatly reduced vision and greatly impaired hearing, living by himself at home at Cooks Hill. He was in the bedroom of his home. A person unknown to him, but who admittedly was the applicant, with a robe over her head entered the room…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R. v Baker

Details

AGLC: R. v Baker [1999] NSWCCA 150
Case: [1999] NSWCCA 150
Decision Date: 11 June 1999

CaseChat Overview and Summary

The appellant, Baker, was convicted of multiple offences including armed robbery, obtaining a benefit by deception, breaking and entering to steal, assault, and breaching recognizance. Baker was also found to have stolen articles in the course of the post on a scheduled day. The case reached the court for an appeal against the severity of the sentence imposed. Baker's history of drug addiction, specifically heroin, and other special circumstances were considered in the sentencing process. The appeal specifically addressed whether quasi-custody should be limited to specific facilities such as Odyssey House.

The court had to determine whether the sentence was unduly severe given the totality of the circumstances, including Baker's drug addiction and the nature of the offences committed. The appeal also considered whether the restrictions on quasi-custody should apply to specific facilities such as Odyssey House. The court examined the principles of sentencing, the impact of the appellant's drug addiction on his culpability, and whether the sentence reflected an appropriate balance between punishment and rehabilitation.

In its reasoning, the court acknowledged the seriousness of the crimes committed by Baker but also recognised the impact of his drug addiction and other personal circumstances. The court found that while the offences were grave, the sentence imposed was unduly severe given the mitigating factors. The court further clarified that quasi-custody is not restricted to specific facilities like Odyssey House, providing more flexibility in sentencing options. The appeal was allowed, and the sentence was reduced to reflect a more balanced approach considering all the circumstances.

The final orders of the court were to reduce the sentence imposed on Baker to a level deemed appropriate by the court. The court's decision provided a nuanced understanding of how personal circumstances, including drug addiction, could impact sentencing severity. Additionally, by clarifying the scope of quasi-custody, the court provided guidance on sentencing flexibility for future cases.

Orders