Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: R v Chandler; Chandler v R [2012] NSWCCA 135 Hearing dates: 8 June 2012 Decision date: 28 June 2012 Before: Bathurst CJ at [1]
Basten JA at [2]
Hoeben JA at [10]
McClellan CJ at CL at [100]
Johnson J at [101]Decision: Crown appeal dismissed.
Grant leave to appeal to the applicant but dismiss the appeal.
Catchwords: CRIMINAL LAW - Crown appeal against sentence - robbery and assault with intent to rob offences - whether sentencing judge erred in his approach to issue of mental illness - offender with lifelong mental illness problems - relevance of specific and general deterrence - abuse of drugs and mental illness both contributing to commission of offences - sentences imposed not manifestly inadequate - APPEAL against sentence by applicant - parity - considerations relevant to operation of parity principle - different sentencing judges - whether later sentencing judge should go behind findings of earlier sentencing judge - whether sentencing judge should go behind exercise of prosecutorial discretion to examine parity of treatment with regard to co-offenders charged with different offences - whether that issue properly arose on facts - no scope for operation of parity principle. Legislation Cited: Crimes Act 1900 - s59(2), s94, s97(1), s99, s154A(1)(b), s349,
Criminal Appeal Act 1912 - s55DCases Cited: Dwayhi v R; Bechara v R [2011] NSWCCA 67; 205 A Crim R 274
El Jalkh v R [2011] NSWCCA 236
Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA 22; 230 CLR 89
Green v The Queen; Quinn v The Queen [2011] HCA 49, 86 ALJR 36
House v The King [1936] HCA 40; 55 CLR 499
Jimmy v R [2010] NSWCCA 60; 77 NSWLR 540
Markarian v The Queen [2005] HCA 25; 228 CLR 357
Muldrock v The Queen [2011] HCA 39; 244 CLR 120
OM v R [2009] NSWCCA 267
R v Green and Quinn [2010] NSWCCA 313; 207 A Crim R 148
R v Hemsley [2004] NSWCCA 228
R v Henry & Ors [1999] NSWCCA 111; 46 NSWLR 346
R v Israil [2002] NSWCCA 255
R v Kerr [2003] NSWCCA 234
R v Nguyen, R v Pham [2010] NSWCCA 238, 205 A Crim R 106
Regina v Z [2006] NSWCCA 342; 167 A Crim R 436Category: Principal judgment Parties: Regina - Applicant/Respondent
Benjamin Chandler - Respondent/ApplicantRepresentation: Counsel:
Mr P Ingram SC/ Ms T Smith/Mr P Wallis - Appellant/Respondent Crown
Dr JB Berwick/Mr AJP Reynolds - Respondent/Appellant
Solicitors:
S Kavanagh, Solicitor for Public Prosecutions - Appellant/Respondent Crown
B Sandland, Legal Aid NSW - Respondent/Appellant
File Number(s): 2009/44437 2010/156698 Decision under appeal
- Date of Decision:
- 2011-11-08 00:00:00
- Before:
- Armitage DCJ
- File Number(s):
- 2009/044437
2010/156698
Judgment
BATHURST CJ: I agree with Hoeben JA.
BASTEN JA: The circumstances underlying this application have been fully explained by Hoeben JA, with whose conclusions I agree. I would add the following reasons.
The principle…
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- Case
- [2012] NSWCCA 135
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the sentencing judge erred in considering the applicant's mental illness and its contribution to the commission of the offences. The Court had to determine whether the sentence imposed was manifestly inadequate and whether the sentencing judge should consider the parity principle in relation to co-offenders charged with different offences. The Court also examined the relevance of specific and general deterrence in the sentencing process.
The Court found that the sentencing judge had not erred in considering the applicant's mental illness and its contribution to the offences. The Court emphasised that sentences imposed were not manifestly inadequate and that the sentencing judge was correct in not going behind the exercise of prosecutorial discretion to examine parity of treatment with regard to co-offenders. The Court concluded that the parity principle did not apply in this case, as there was no scope for its operation.
The Court dismissed both the applicant's appeal against sentence and the Crown's appeal against the leniency of the sentence. The original sentence was upheld as appropriate, taking into account the applicant's mental illness and the need for both specific and general deterrence.
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
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Ratio Decidendi
Legal Principle Established
Established by: CLELLAN CJ
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