SUPREME COURT OF SOUTH AUSTRALIA
(Court of Criminal Appeal)
R v DRANSFIELD
[2016] SASCFC 68
Judgment of The Court of Criminal Appeal
(The Honourable Justice Peek, The Honourable Justice Nicholson and The Honourable Justice Doyle)
2 June 2016
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - PRINCIPLES APPLIED BY APPELLATE COURT TO CROWN APPEALS
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ACTS INTENDED TO CAUSE OR CAUSING DANGER TO LIFE OR BODILY HARM OR SERIOUS INJURY
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - JUDGE ACTED ON WRONG PRINCIPLE
Appeal against sentence. The respondent was charged with the offence of recklessly causing serious harm to another, contrary to section 23(3) of the Criminal Law Consolidation Act 1935 (SA). The circumstances of the offending were that the respondent had intervened in a disagreement between a food van vendor and the victim and, despite the victim not acting aggressively, the respondent punched the victim in the head. The victim lost consciousness and was severely injured. The respondent pleaded guilty and the Judge sentenced the respondent to imprisonment for five months, commencing on 14 April 2016.
The Director of Public Prosecutions has sought leave to appeal against the sentence on four grounds: first, that the sentence imposed is manifestly inadequate; second, that the Judge erred in imposing a discount of 40 per cent for the guilty plea; third, that the Judge erred in giving a separate discount or allowance as a consequence of the respondent making a payment towards compensation; and fourth, that the Judge erred by failing to sentence on the basis that the respondent was reckless as to causing serious harm.
Held per Nicholson J (Peek and Doyle JJ agreeing):
1. The Judge erred in the approach adopted with respect to the question of recklessness.
2. The Judge erred in imposing a discount of 40 per cent for the guilty plea and by providing a separate discount or allowance for the making of a payment towards compensation.
3. In the circumstances, the sentence imposed by the Judge is manifestly inadequate.
4. Application for permission to appeal is granted and the appeal is allowed. The District Court sentence is set aside. The respondent is resentenced to a head sentence of two years, one month and one week, with a non-parole period of ten months, both backdated to commence on 14 April 2016.
Criminal Law Consolidation Act 1935 (SA) s 21, s 23, s 24, s 340; Criminal Law (Sentencing) Act 1988 (SA) s 10A, s 10B, s 10C, referred to.
Markarian v The Queen [2005] HCA 25, (2005) 228 CLR 357; R v Place [2002] SASC 101, (2002) 81 SASR 395; R v Nemer [2003] SASC 375, (2003) 87 SASR 168; R v Harkin [2011]…
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- AGLC
- R v Dransfield [2016] SASCFC 68
- Case
- [2016] SASCFC 68
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was the application of the principle of double jeopardy in the context of Crown appeals against sentence, specifically whether this principle restricted the Court of Criminal Appeal's power to resentence an offender. The court was required to interpret section 340 of the *Criminal Law Consolidation Act 1935* (SA) and its interaction with the general principles governing appeals.
The court reasoned that while the principle of double jeopardy traditionally restricted the Director's ability to appeal sentences with a view to increasing them, section 340 of the *Criminal Law Consolidation Act 1935* had modified this position. The court held that section 340 was designed to remove the issue of double jeopardy from consideration at the stage of resentencing by the Court of Criminal Appeal, after permission to appeal had been granted and the appeal itself allowed. The court concluded that the words "Despite any other rule of law" in section 340 meant that the court was not precluded from imposing a sentence it considered appropriate, even if it was more severe than the original sentence, and that the principle of double jeopardy should not temper the resentencing process.
The court found that the grounds of appeal had been established, granting permission to appeal and allowing the appeal. The purpose of this was to correct and maintain proper sentencing principles and to address a sentence that was so significantly below the appropriate range that its retention would undermine public confidence in the administration of justice.
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
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Ratio Decidendi
Legal Principle Established
Established by: PEEK J, NICHOLSON J
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