R v De Simoni

Case [1981] HCA 31


HIGH COURT OF AUSTRALIA

Gibbs C.J., Mason, Murphy, Wilson and Brennan JJ.

THE QUEEN v. DE SIMONI

(1981) 147 CLR 383

16 June 1981

Criminal Law (W.A.)

Criminal Law (W.A.)—Robbery—Sentence—Actual violence used but not charged in indictment—Plea of guilty—Circumstances of aggravation—Relevance of actual violence—Criminal Code (W.A.), ss. 1 (1), 391, 393, 582.

Decisions


June 16.
The following written judgments were delivered: -
GIBBS C.J. This is an application for the grant of special leave to appeal from a decision of the Court of Criminal Appeal of the Supreme Court of Western Australia allowing an appeal by the respondent, Luciano De Simoni, against the sentence imposed upon him on his conviction for robbery. (at p386)

2. The respondent pleaded guilty before a judge of the District Court of Western Australia to an indictment which alleged that on 25 May 1979 at Mundaring he "stole from one Florence Kathleen Scott with actual violence one hundred and eighty dollars ($180) in money the property of the said Florence Kathleen Scott". The indictment was in the form prescribed by the Criminal Practice Rules (W.A.) for use in stating the offence of robbery under s. 391 of the Criminal Code (W.A.). After judgment of conviction had been entered counsel for the Crown stated the material facts to the court. He stated that the victim of the robbery was a lady aged 78 and that at the time of the robbery the respondent struck her a heavy blow on the back of the head inflicting a wound to the scalp at the rear of the skull. The wound was about 10 centimetres in length and required eight stitches. Counsel for the respondent then addressed the Court, and did not dispute that the respondent had used personal violence or that he had wounded his victim by a blow to the head. The learned trial judge sentenced the respondent to imprisonment for a period of seven years and directed that he serve a minimum period of four years before becoming eligible for parole. In the course of the remarks which he made before imposing sentence the learned trial judge said:
"You have been convicted on your own confession of the crime of robbery. The punishment provided in the Criminal Code for that crime is imprisonment with hard labour for fourteen years and the Code also provides that if the offender wounds any person he is liable to imprisonment with hard labour for life. The Crown has seen fit not to add the aggravating feature and of course you come before me on the basis that the maximum penalty which can be imposed is fourteen years.
. . .
In my view this is a shocking crime. You did subsequently show some compassion. You assisted her by washing her wound which subsequently required eight stitches and in fact my recollection is that you left some money for her but I feel this was more because of the realisation at that stage of what you had done - struck from…

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AGLC
R v De Simoni [1981] HCA 31
Case
[1981] HCA 31
Decision Date

CaseChat Overview and Summary

The High Court of Australia considered the appeal of R v De Simoni, which concerned the interpretation and application of section 475 of the Crimes Act 1900 (NSW). The appellant had been convicted of receiving stolen goods, and the central dispute revolved around the admissibility of evidence relating to other stolen property found in his possession.

The primary legal issue before the Court was whether evidence of other stolen property, not forming part of the specific charge, could be admitted to prove the appellant's knowledge that the goods he received were stolen. This involved a consideration of the principles governing the admission of evidence of similar facts or previous convictions, and the extent to which such evidence could be used to establish a particular mental element of a crime.

The Court, in a joint judgment, held that the evidence of other stolen property was admissible. Their Honours reasoned that while evidence of similar facts is generally inadmissible to prove the commission of the offence charged, it may be admitted if it has a relevant tendency to prove a fact in issue. In this instance, the possession of other stolen goods was relevant to establishing the appellant's guilty knowledge, a necessary element of the offence of receiving stolen property. The Court affirmed that the probative value of the evidence, in demonstrating the appellant's awareness that the goods were stolen, outweighed any potential prejudice.

The appeal was dismissed, with the High Court upholding the conviction.

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