SUPREME COURT OF SOUTH AUSTRALIA
(Criminal: Application)
R v BARMBY
[2007] SASC 354
Judgment of The Honourable Justice Gray
2 October 2007
CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL
CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - JUDGMENT AND PUNISHMENT - SENTENCE - FACTORS TO BE TAKEN INTO ACCOUNT
Application for permission to appeal against conviction and sentence - application for extension of time for permission to appeal against sentence - applicant found guilty by jury trial of causing grievous bodily harm with intent to do grievous bodily harm - applicant sentenced by District Court Judge to a period of imprisonment comprising head sentence of five years and seven months and non-parole period of two years and nine months - appeal on grounds that verdict was unsafe and unsatisfactory and sentence was manifestly excessive in all the circumstances - consideration of circumstances of delay in filing notice of appeal against sentence - delay was not substantial - explanation for delay was reasonable and not due to fault of applicant - consideration of matters raised by counsel for the applicant concerning evidence relevant to causation and intent - material before court gave rise to a reasonable possibility of an unsafe or unsatisfactory verdict - consideration of sentencing discretion - sentencing Judge had regard to all relevant matters in exercising sentencing discretion - not reasonably arguable that the sentence imposed was manifestly excessive.
Held: application for permission to appeal against conviction allowed - application for extension of time for permission to appeal against sentence granted - application for permission to appeal against sentence dismissed.
Criminal Law Consolidation Act 1935 (SA) s 21, s 352, s 357 and s 367; Supreme Court Criminal Appeal Rules 1996 (SA) rule 4A, referred to.
Modra v Police [2006] SASC 52; R v Raad (2006) 15 VR 338; R v Blick (1999) 108 A Crim R 525; R v Collie [2007] SASC 293; R v Lennon (2003) 86 SASR 295; R v Shannon (1979) 21 SASR 442; R v Makevits [2006] SASC 73; R v Malesvic (1999) 204 LSJS 32; Kells v Police [2007] SASC 224; R v Christiansen [2006] SASC 274; R v Allen [1999] SASC 346, considered.
R v BARMBY
[2007] SASC 354Criminal
GRAY J.
This is an application for permission to appeal against conviction and sentence. The applicant also seeks an order extending the time for making the application to appeal against sentence.
Introduction
On 10 July 2007, the applicant, Mark Andrew Barmby, was convicted after trial by jury in the District Court of South Australia, of causing grievous bodily harm with intent to do grievous bodily harm, contrary to section 21 of the Criminal Law Consolidation Act 1935 (SA). On 17 August 2007, the applicant was sentenced by a District Court judge to a period of imprisonment comprising a head sentence of five years and seven months and a non-parole period of two years…
Continue reading R v Barmby
Sign in free to access the full text
- AGLC
- R v Barmby [2007] SASC 354
- Case
- [2007] SASC 354
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the delay in filing the notice of appeal against the sentence was substantial and whether the explanation provided for the delay was reasonable and not due to the applicant's fault. The court also needed to consider the arguments raised by counsel concerning the evidence relevant to causation and intent, and whether the sentence imposed was manifestly excessive. The court examined the circumstances under which the sentencing judge exercised his discretion, including whether he had regard to all relevant matters.
The court found that the delay in filing the notice of appeal against the sentence was not substantial, and the explanation provided for the delay was reasonable and not due to the applicant's fault. The court also found that the material before it gave rise to a reasonable possibility of an unsafe or unsatisfactory verdict. However, the court held that the sentencing judge had regard to all relevant matters in exercising his sentencing discretion, and it was not reasonably arguable that the sentence imposed was manifestly excessive.
Accordingly, the court allowed the application for permission to appeal against the conviction, granted the application for an extension of time within which to bring an application for permission to appeal, and dismissed the application for permission to appeal against the sentence. The court's decision was based on a careful consideration of the circumstances of the case, the arguments raised by the applicant, and the relevant legal principles.
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
Ratio Decidendi
Legal Principle Established
Established by: GRAY J
Full text does not contain this section.