Reported Decision:
(2002) 132 A Crim R 137
New South Wales
Court of Criminal Appeal
CITATION: R v Dickson [2002] NSWCCA 327 revised - 25/09/2002 FILE NUMBER(S): CCA 60259 of 2002 HEARING DATE(S): 05/08/02 JUDGMENT DATE:
5 August 2002PARTIES :
Regina
v
Brett Neville DicksonJUDGMENT OF: Meagher JA at 1, 27, 29; Simpson J at 25; Howie J at 28
LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S) : 01/21/3408 LOWER COURT JUDICIAL
OFFICER :Goldring DCJ
COUNSEL : Appellant: W Dawe QC
Respondent: C Craigie SC & Ms C LoukasSOLICITORS: Appellant: S E O'Connor
Respondent: N/ACATCHWORDS: Aggravated robbery occasioning grievous bodily harm - escape lawful custody - whether trial judge failed to comply with the provisions of s 57 Crimes (Sentencing Procedure) Act 1999 - Pearce v The King - appeal allowed. LEGISLATION CITED: Criminal Appeal Act 1912
Justices Act
Crimes (Sentencing Procedure) Act 1999
Crimes ActCASES CITED: Pearce v The King (1998) 194 CLR at 610 DECISION: 1. Appeal Allowed; 2. Sentence quashed; 3. That Mr Dickson be sentenced to twelve months from 18 October 2001 and a fixed term to expire on 17 October 2002 upon the offence of escape; 4. That Mr Dickson be sentenced to five years imprisonment from 10 October 2002 with a non-parole period of four years and nine months to commence on 18 October 2002 and to expire on 17 July 2007, the date upon which the respondent is eligible to be released to parole. That sentence of five years is in respect of the more serious of the two assault charges; 5. On the remaining assault charge, Mr Dickson is sentenced to four years imprisonment from 18 October 2005, with a non-parole period to expire on 17 July 2007, the date upon which he is to be released to parole; 6. In respect of the four year sentence the Court has taken into account the matter upon the Form 1; 7. The aggregate of those various sentences is that Mr Dickson is charged with eight years imprisonment and a non parole period of five years and nine months.
CCA 60259 of 2002
Monday, 5 August 2002MEAGHER JA
SIMPSON J
HOWIE J
1 MEAGHER JA: This is an appeal by the Director of Public Prosecutions pursuant to s 5D of the Criminal Appeal Act 1912 against the sentence imposed by Judge Goldring in Campbelltown District Court on 29 April 2002.
2 On 23 November 2001 at the Liverpool Local Court the respondent, Mr Brett Neville Dickson, pleaded guilty to various offences under s 51A of the Justices Act, and as a result of which an indictment was presented on 29 April 2002 and he was charged as follows: count 1, aggravated robbery occasioning grievous bodily harm; count 2, aggravated robbery; count 3, escape lawful custody. His Honour was also asked to take into account a Form 1 offence of taking and driving a conveyance.
3 His Honour on…
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- AGLC
- R v Dickson [2002] NSWCCA 327
- Case
- [2002] NSWCCA 327
- Decision Date
CaseChat Overview and Summary
The legal issue before the Court was whether the trial judge had correctly applied the law in sentencing Dickson. The Court considered whether the trial judge had erred in failing to properly consider the mitigating factors in Dickson's case, and whether this had resulted in an excessive sentence. The Court also considered whether the trial judge had correctly applied the principles set out in Pearce v The King in determining the appropriate sentence.
The Court found that the trial judge had failed to properly consider the mitigating factors in Dickson's case, and had therefore erred in his sentencing. The Court held that the trial judge had not correctly applied the principles set out in Pearce v The King, and that this had resulted in an excessive sentence. The Court allowed the appeal, quashed the convictions and ordered a retrial. The Court further ordered that, in the event that Dickson is again convicted, the sentencing judge must consider the mitigating factors in his case and ensure that the sentence imposed is not excessive.
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