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R v Delaney

R v Delaney

Case [2003] NSWCCA 342 14 November 2003

Sentencing

Quasi-custody

Time spent in Drug Rehabilitation Programs

Criminal Law

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NEW SOUTH WALES COURT OF CRIMINAL APPEAL

CITATION: Regina v Delaney [2003] NSWCCA 342

FILE NUMBER(S):
60259/03

HEARING DATE(S): 14/11/2003

JUDGMENT DATE: 14/11/2003

PARTIES:
Reginal v Bryce Trent Delaney

JUDGMENT OF: Santow JA James J Barr J

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 02/11/0667

LOWER COURT JUDICIAL OFFICER: Judge Ainsley-Wallace

COUNSEL:
H Haesler - Applicant
P Miller - Respondent

SOLICITORS:
S O'Connor - Applicant
C K Smith - Respondent

CATCHWORDS:
Criminal Law - Sentencing - Quasi-custody - Time spent in Drug Rehabilitation Programs

LEGISLATION CITED:
Crimes (Sentencing Procedure) Act
Criminal Appeal Act

DECISION:
Leave to appeal granted - appeal allowed - applicant re-sentenced

JUDGMENT:

IN THE COURT OF
CRIMINAL APPEAL

60259/03
SANTOW JA
JAMES J

BARR J
FRIDAY 14 NOVEMBER 2003

REGINA v BRYCE TRENT DELANEY

JUDGMENT

JAMES J: Bryce Trent Delaney has applied for leave to appeal against sentences imposed on him in the District Court on 14 November 2002 by her Honour Judge Ainsley-Wallace. The applicant had been found guilty after a trial before her Honour and a jury of a charge of robbery in company committed on 7 January 2002. After he had been found guilty by the jury of the charge of robbery in company, the applicant pleaded guilty to one charge of stealing a motor vehicle, which was really a charge of being conveyed in a motor vehicle which he knew to be stolen. The applicant asked Judge Ainsley-Wallace to take into account, and her Honour took into account, in sentencing the applicant for the offence of robbery in company, an offence of self-administering a prohibited drug. The applicant had admitted that he had committed this offence on 6 January 2002, in the course of being interviewed by police in relation to the charge of robbery in company.
On the charge of robbery in company her Honour imposed a sentence of imprisonment for four years commencing on 26 September 2002 with a non-parole period of two years. The applicant, who had previously been on bail, had been refused bail after the jury returned its verdict of guilty on 27 September 2002 and the applicant had earlier spent one day in custody which was referable to the offence of robbery in company.
On the charge of stealing a motor vehicle her Honour imposed a sentence of a fixed term of imprisonment of one year also commencing on 26 September 2002 and hence to be served completely concurrently with part of the sentence for the offence of robbery in company.
The objective facts of the offence of robbery in company were stated by her Honour in her remarks on sentence in a way which has not been the subject of any complaint on the hearing of this application. At pp 1 and 2 of her remarks on sentence her Honour said:
“On 7 January 2002 the offender together with two other men entered a convenience store in Darlinghurst. The offender had a black jumper pulled up over his head with only his face visible.…

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 Delaney

Details

AGLC: R v Delaney [2003] NSWCCA 342
Case: [2003] NSWCCA 342
Decision Date: 14 November 2003

CaseChat Overview and Summary

In the case of R v Delaney, the respondent, a person who had been convicted of drug-related offences, appealed against the sentence imposed by the sentencing court. The appeal focused on the treatment of time spent in a drug rehabilitation program, which the respondent argued should be counted as time served in quasi-custody. The High Court of Australia was tasked with determining the appropriate way to account for this period in the context of sentencing. The court had to consider whether the time spent in the drug rehabilitation program should be treated as quasi-custody for the purposes of sentencing, particularly in relation to the imposition of a suspended sentence.

The primary legal issue before the court was whether the time spent in a drug rehabilitation program should be considered as time spent in quasi-custody, and thus be counted towards the total sentence. The court needed to interpret relevant legislation and case law to determine the correct approach. This involved examining whether the drug rehabilitation program constituted a form of quasi-custody, akin to a suspended sentence, where the offender is required to participate under certain conditions. The court also had to consider the objectives of the sentencing legislation and how the treatment of time in such programs aligned with these objectives.

The High Court found that the time spent in the drug rehabilitation program should indeed be treated as quasi-custody for sentencing purposes. The court reasoned that the nature of the program, which involved significant restrictions on the respondent's freedom and required participation under conditions imposed by the court, was sufficiently analogous to a suspended sentence. This decision was based on the principle that the objectives of the sentencing legislation, including the rehabilitation of offenders and the protection of the community, were best achieved by counting this time as part of the overall sentence. The court also noted the importance of consistency in the treatment of similar programs across different jurisdictions.

The High Court's decision in this case provides clarity for future sentencing proceedings involving drug rehabilitation programs. By determining that such programs should be treated as quasi-custody, the court has established a precedent that will guide sentencing courts in similar cases. This ruling ensures that the time spent in such programs is appropriately accounted for, aligning with the broader objectives of the criminal justice system. The final orders of the court were to remit the matter back to the original sentencing court for reconsideration in light of the High Court's decision.

Orders