R v Evans - [2000] NSWCCA 20

NEW SOUTH WALES COURT OF CRIMINAL APPEAL

CITATION: R v Evans [2000] NSWCCA 20

FILE NUMBER(S):
60148/99

HEARING DATE(S): Monday 21 February 2000

JUDGMENT DATE: 21/02/2000

PARTIES:
Regina v Jason Jeffrey Evans

JUDGMENT OF: Grove J Greg James J

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 98/31/0453

LOWER COURT JUDICIAL OFFICER: Job DCJ

COUNSEL:
M. Grogan (Crown)
P.D. Rosser QC (Appellant)

SOLICITORS:
S.E. O'Connor (Crown)
Turnbull Hill (Appellant)

CATCHWORDS:
Criminal Law and Procedure
Sentence
Significant Assistance to Authority
Admissions and Plea of Guilty in Absence of Available Other Evidence
Demonstrated Reformation
Notional Sentence Before Discount Excessive

LEGISLATION CITED:

DECISION:
Appeal Allowed
Resentenced

JUDGMENT:

IN THE COURT OF
CRIMINAL APPEAL

60148/99

GROVE J
GREG JAMES J

Monday 21 February 2000

REGINA v JASON JEFFREY EVANS

JUDGMENT

GROVE J: This is an application for leave to appeal against the severity of sentence imposed upon the appellant by Job DCJ in the Newcastle District Court.

On 16 March 1999 his Honour sentenced the appellant in respect of seven counts of aggravated armed robbery to concurrent terms of penal servitude comprising Minimum Terms of six years and Additional Terms of three years.

His Honour reached his conclusion, having applied a discount of 50 percent for reasons which he gave, to the sentence otherwise assessed. The discount was for assistance to authority in the arrest and prosecution of very serious major offenders and I do not need to elaborate the thorough and careful approach taken by his Honour to reach this conclusion which is manifest in his remarks.

It appears that the appellant became acquainted with what one could only describe as a gang of criminals, by reason of his friendship with a young girl. The appellant is now aged 27 years. As a result of that friendship he came under the influence of the girl's father who was, it appears, an active member of a gang involved in the conduct of serial armed robberies. The appellant was recruited to join them.

He was spoken to by police and made full confession of his participation and beyond that, gave police what appears to be all the information at his disposal. I do not need to emphasize the risks which that sort of cooperation poses for a person who is in custody.

When the appellant appeared for sentence the following matters were available for consideration by his Honour. They were tabulated in a helpful written submission by Mr Rosser Q.C. who appeared for the appellant. Those matters were: the absence of any prior criminal record; the disclosure by the appellant of his involvement in the offences in circumstances where the police were not in possession of relevant evidence, although he was a suspect; the early plea of guilty; the circumstances in which the appellant became involved which I have sketched; and the finding by his Honour which was compatible with the observations by the police officer, that the appellant was truly remorseful, not only for his own family's sake, but for his victims.

The…

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 Evans

Details

AGLC: R v Evans [2000] NSWCCA 20
Case: [2000] NSWCCA 20
Decision Date: 21 February 2000

CaseChat Overview and Summary

The case involved a defendant, Evans, who was charged with an offence under Australian criminal law. The nature of the dispute was primarily concerned with the sentencing approach taken by the court, particularly the application of the principle of significant assistance to authorities and the effect of a plea of guilty in the absence of other available evidence. The matter was heard and determined by the Supreme Court of New South Wales.

The primary legal issues before the court were whether the sentencing discount for a plea of guilty should apply in the absence of other available evidence, and whether the court should consider the principle of significant assistance to authorities when determining the appropriate sentence. The court was required to balance these considerations with the need to ensure that the sentence was proportionate to the offence committed and reflected the defendant's demonstrated reformation.

The court found that the principle of significant assistance to authorities could be taken into account when determining the appropriate sentence, even in the absence of other available evidence. However, the court also held that the notional sentence before applying any discount for a plea of guilty should be excessive, and that the ultimate sentence should reflect the defendant's demonstrated reformation. The court determined that the appropriate sentence in this case was one that recognised the defendant's assistance to authorities and his demonstrated reformation, while also ensuring that the sentence was proportionate to the offence committed.

The court ordered that Evans be sentenced to a term of imprisonment, taking into account the factors outlined above. The specific details of the sentence, including the length of the term and any conditions, were not provided in the text.

Orders