R v Groth - [2013] SASCFC 108

SUPREME COURT OF SOUTH AUSTRALIA
(Court of Criminal Appeal)
R v GROTH
[2013] SASCFC 108
Judgment of The Court of Criminal Appeal
(The Honourable Justice Vanstone, The Honourable Justice David and The Honourable Justice Stanley)
21 October 2013
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 - OTHER MATTERS
CRIMINAL LAW - SENTENCE - INTERPRETATION OF SENTENCING PROVISIONS
The appellant pleaded guilty to one count of manslaughter. He was sentenced to a term of imprisonment of 10 years with a non-parole period of eight years.
The appellant was sentenced on the basis that he unlawfully killed the victim during the course of an argument which occurred in the kitchen of the victim’s home on 11 December 2011. During the course of that argument, on one occasion the victim pushed the appellant away from him, grabbing him around the neck. The appellant then retaliated by punching the victim in the face. The appellant then picked the victim up and threw him on the floor. The appellant kicked the victim again as he lay on the floor, in the head and in the ribs. The victim died in hospital on 17 December 2011.
The appellant had been committed for trial on an information alleging murder but pleaded guilty to the alternative charge of manslaughter on the morning of trial. The appellant had indicated to the DPP from an early stage that he was prepared to plead guilty to manslaughter, but an agreement could not be reached as to the factual basis of the plea until the morning of trial.
In imposing sentence, the judge found that the offending could not be categorised in the lowest range of offending for manslaughter.
The appellant appeals against sentence, on the grounds that (1) the sentence is manifestly excessive; and (2) the sentencing judge erred in failing to find special reasons existed pursuant to s 32A of the Criminal Law (Sentencing) Act 1988 (SA) enabling the Court to fix a non-parole period shorter than four-fifths of the length of the head sentence.
Held (by Stanley J, Vanstone and David JJ agreeing, dismissing the appeal):
1. There was no error in the sentencing judge’s assessment that the appellant’s offending fell within a serious category for the crime of manslaughter. [24].
2. The starting point of 12 years imprisonment was within the range of penalty open to the sentencing judge, having regard to the circumstances of the offending. [24].
3. The discount of 16.66 per cent of the starting point of 12 years for the appellant’s plea of guilty was within the sentencing judge’s discretion. [28].
4. The sentencing judge’s assessment that special reasons did not exist for fixing a non-parole period shorter than the prescribed period was correct. [36]; [42].
Criminal Law (Sentencing) Act 1988 (SA) s 32, s 32A; Criminal Law Consolidation Act 1935 (SA) s 13, referred…

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 Groth

Details

AGLC: R v Groth [2013] SASCFC 108
Case: [2013] SASCFC 108
Decision Date: 21 October 2013

CaseChat Overview and Summary

The appeal concerned the sentence imposed on the respondent, Groth, by the District Court of South Australia. The specific grounds for appeal were not detailed in the provided text, but the matter was heard by Vanstone, David and Stanley JJ.

The central legal issues before the Full Court of the Supreme Court of South Australia were the interpretation of sentencing provisions and whether the sentence imposed on the respondent was appropriate, warranting interference on appeal.

The Court, in dismissing the appeal, indicated that it found no error in the sentencing decision. The reasoning, though not elaborated in the provided text, suggests that the sentencing provisions were interpreted in a manner consistent with the original decision, and the sentence imposed was deemed to be within the proper exercise of the sentencing judge's discretion.

Consequently, the appeal was dismissed.

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

Reasons for decision

I would dismiss this ground.Conclusion I would dismiss the appeal.

Ratio Decidendi

Legal Principle Established

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