R v Doorey - [2000] NSWCCA 456

CITATION: R v Doorey [2000] NSWCCA 456

FILE NUMBER(S): CCA 60630/00

HEARING DATE(S): 27 October 2000

JUDGMENT DATE:
27 October 2000

PARTIES :

Peter James Christian Doorey

JUDGMENT OF: Wood CJ at CL at 1; Whealy J at 34

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S) : 99/31/0084

LOWER COURT JUDICIAL
OFFICER : Coolahan DCJ

COUNSEL : Ms P. Hock
Ms R Burgess

SOLICITORS: S.,E. O'Connor
D.J. Humprhey

DECISION: Leave to appeal granted; Appeal dismissed

THE SUPREME COURT
OF NEW SOUTH WALES
COURT OF CRIMINAL APPEAL
60630/99

WOOD CJ at CL
WHEALY J

Friday, 27 October 2000

REGINA V PETER JAMES CHRISTIAN DOOREY

JUDGMENT

1 WOOD CJ at CL: The applicant seeks leave to appeal against a sentence of four years' penal servitude comprising a minimum term of two years and an additional term of two years imposed on him by his Honour Judge Coolahan on 13 October 1999. This followed his plea of guilty to one count of attempt armed robbery. The offence, which was charged under S 97(1) of the Crimes Act, carries a maximum penalty of 20 years' imprisonment.

Facts

2 The facts, as found by his Honour, were follows: 3 During the afternoon of Saturday, 17 May 1997, the applicant attended a backyard party at premises at Tanilba Bay. These premises were approximately 50 metres from the Ampol Service Station. The applicant began to drink Bourbon on his arrival at the party and then moved on to Rum, before drinking beer in the early hours of the evening. 4 About 8.30pm the applicant, wearing a borrowed jumper and a black beanie with some holes cut in it, walked from the party to the service station. He was carrying a black handled pocket knife which was partly concealed up the right hand sleeve of his jumper with a narrow blade protruding. This blade, was described by the service station attendant, who was the victim of the attempted robbery, as appearing to be about four inches long. 5 Once the appellant reached the service station he spoke to the attendant and demanded that she open the drawer of the cash register. She refused and reached for the telephone to dial 000. He then leant across the counter, took hold of the telephone cord, and cut it with a pocket knife. The attendant said that she saw the knife both before and when that act occurred. Not surprisingly she ran from the service station. 6 The applicant attempted to open the cash register by forcing the till "open" button, but this failed. He then walked from the service station and returned to the party. 7 He was spoken to by police later that evening and participated in a record of interview, the following day, in which he freely admitted the commission of the offence. In that record of interview he gave an account which included an admission that when he saw the look on the face of the attendant and observed her leave the premises, he realised…

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 Doorey

Details

AGLC: R v Doorey [2000] NSWCCA 456
Case: [2000] NSWCCA 456
Decision Date: 27 October 2000

CaseChat Overview and Summary

In this case, the applicant, Peter James Christian Doorey, sought leave to appeal against a four-year sentence imposed by his Honour Judge Coolahan for an attempted armed robbery. The applicant had pleaded guilty to the offence under Section 97(1) of the Crimes Act, which carries a maximum penalty of 20 years' imprisonment. The applicant's conduct involved attending a party, consuming alcohol, and subsequently walking to a service station with a concealed knife, where he attempted to rob the service station attendant. The offence was committed at night, and the attendant was alone, making her vulnerable.

The legal issues before the Court of Criminal Appeal were whether the sentence imposed was manifestly excessive, and if the applicant's subjective circumstances warranted a reduction in the sentence. The Court needed to assess the seriousness of the offence, the use of a knife, the applicant's plea of guilty, and his history of drug and alcohol abuse, personality disorder, and difficulty within the prison system.

The Court of Criminal Appeal found that the sentence was appropriate given the circumstances of the offence. The use of a knife, even if it was a small pocket knife, and the potential threat it posed to the vulnerable service station attendant, were significant factors in determining the sentence. The Court rejected the notion that the size of the knife should diminish its seriousness. Although the offence was an attempt, the Court held that it still constituted a matter of particular seriousness, as the applicant had made significant efforts to commit the robbery. The applicant's subjective circumstances, including his history of drug and alcohol abuse and psychological state, were considered but did not warrant a reduction in the sentence. The Court concluded that any sentence other than that imposed would have failed to reflect the criminality involved and would have offended against established sentencing principles.

The Court granted leave to appeal but dismissed the appeal, upholding the sentence imposed by the District Court.

Orders