SUPREME COURT OF SOUTH AUSTRALIA
(Court of Criminal Appeal)
R v BLACKMORE
Judgment of The Court of Criminal Appeal
(The Honourable Chief Justice Doyle, The Honourable Justice Perry and The Honourable Justice White)
24 September 2004
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - ROBBERY - PRACTICE AND PROCEDURE - SENTENCING
CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEAL BY ATTORNEY-GENERAL OR OTHER CROWN LAW OFFICER - APPLICATIONS TO INCREASE SENTENCE
DPP appeal against sentence - Respondent committed two robberies, stealing a total of $16,716.00 and one attempted robbery - In one robbery respondent made out that he was armed - Respondent 18 years of age at time of offending - Aboriginal - Mother gambling addict and father frequently incarcerated - Respondent left home at young age due to difficult relationship with stepfather - No prior convictions - Completed school and plannning for future study - Influenced to commit robberies by uncle who was addicted to amphetamines - Respondent pleaded guilty and showed contrition - District Court Judge imposed head sentence of three years with non-parole period of 18 months - Serious crimes - Need to provide general deterrence - Sentence manifestly inadequate - Discussion of principles applicable to DPP appeal - Appeal allowed - Respondent sentenced to six years imprisonment with non-parole period of 27 months.
Criminal Law Consolidation Act 1935 s155, s 270A; Criminal Law (Sentencing) Act 1988 s 18A, referred to.
Everett v The Queen (1994) 181 CLR 295; R v Osenkowski (1982) 30 SASR 212; R v Nemer (2003) 87 SASR 168; R v McMann (1997) 70 SASR 1; R v Place (2002) 81 SASR 395; Dinsdale v The Queen (2000) 202 CLR 321, applied.
Griffiths v The Queen (1977) 137 CLR 293, considered.
R v BLACKMORE
[2004] SASC 298Court of Criminal Appeal: Doyle CJ, Perry and White JJ
DOYLE CJ:I have read the reasons prepared by White J. I agree with the orders proposed by him. I agree also with his reasons for making those orders. There is nothing that I wish to add.
PERRY J: I have had the benefit of an opportunity to read the reasons prepared by White J. I agree with the orders which he proposes and his reasons.
WHITE J:
Introduction
This is an application by the Director of Public Prosecutions (“the DPP”) for leave to appeal against the sentence imposed upon the respondent following his plea of guilty in the District Court to two counts of robbery and one count of attempted robbery.
The sentencing judge imposed a sentence of 3 years imprisonment with a non-parole period of 18 months, both to commence from 8 May 2003.
It is from that sentence that the DPP seeks leave to appeal. Submissions on the application for leave to appeal and submissions on the substantive merits were heard at the same time.
Circumstances of…
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- AGLC
- R v Blackmore [2004] SASC 298
- Case
- [2004] SASC 298
- Decision Date
CaseChat Overview and Summary
The legal issues in the appeal centred around the principles governing the imposition of sentences for serious crimes and the role of general deterrence in sentencing. The appeal also examined whether the original sentence was manifestly inadequate in light of the respondent's circumstances, which included a difficult upbringing, no prior convictions, and a strong plan for future study. Additionally, the court had to consider the appropriate length of the non-parole period in relation to the head sentence and the need to balance the respondent's circumstances with the seriousness of the crimes.
The court, in allowing the appeal, noted the seriousness of the crimes and the necessity for general deterrence. It found the original sentence to be manifestly inadequate and increased the non-parole period by nine months. The court held that the respondent's background, while mitigating, did not outweigh the need to impose a sentence that reflected the seriousness of the crimes and provided general deterrence. The court substituted the original sentence with a six-year imprisonment term, with a non-parole period of 27 months, effective from 8 May 2003. The appeal was allowed, and the original sentence was set aside in favour of the substituted sentence.
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
Reasons for decision
Ratio Decidendi
Legal Principle Established
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