SUPREME COURT OF SOUTH AUSTRALIA
(Court of Criminal Appeal)
R v HALL
[2015] SASCFC 104
Judgment of The Court of Criminal Appeal
(The Honourable Chief Justice Kourakis, The Honourable Justice Gray and The Honourable Justice Stanley)
30 July 2015
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ACTS INTENDED TO CAUSE OR CAUSING DANGER TO LIFE OR BODILY HARM OR SERIOUS INJURY - OTHER OFFENCES INVOLVING GRIEVOUS BODILY HARM OR SERIOUS INJURY - GENERALLY
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
Appeal against sentence. The appellant pleaded guilty to the offence of aggravated causing serious harm with intent to cause serious harm. The victim and appellant were friends but relations between them were periodically tempestuous. The offending occurred after the victim and appellant had attended the funeral of a mutual friend. The appellant was an alcoholic and had consumed a significant amount of alcohol on the day of the offence. She informed a friend that she was angry at the victim and was going to stab him. She concealed a knife in her pants, went to the victim’s home and stabbed him a total of seven times. The appellant’s criminal antecedents were relatively minor and she had no history of violent offending. The sentencing Judge imposed a term of imprisonment of eight years and six months, having made a reduction of three years and six months on account of her plea of guilty. A non-parole period of five years was fixed.
Whether a starting point of 12 years’ imprisonment before reduction for the plea was manifestly excessive. Whether a non-parole period of almost 60 per cent of the head sentence was manifestly excessive.
Held per the Court (dismissing the appeal against the head sentence):
The offending was very serious and the victim’s injuries were life threatening. The appellant’s intoxication does not mitigate the significant element of premeditation. Although a starting point of twelve years is high, it was not manifestly excessive in the circumstances.
Held per Kourakis CJ and Gray J (allowing the appeal against the non-parole period):
1. The appellant is unlikely to commit another violent offence and has strong prospects of rehabilitation.
2. In these circumstances a non-parole period of nearly 60 per cent of the head sentence is manifestly excessive.
3. Appellant resentenced to a non-parole period of four years.
Held per Stanley J (dissenting) (dismissing the appeal against the non-parole period):
1. In fixing the non-parole period, the sentencing judge had proper regard to the seriousness of the offending, the personal circumstances of the appellant and the prospect of rehabilitation.
2. I am unable to say that a five year non-parole period, in the context of a head sentence of eight years and six months, is so high as to be outside a reasonable range for a non-parole period proportionate to the head sentence.
3. I would dismiss the appeal against the non-parole period.
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- R v Hall [2015] SASCFC 104
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- [2015] SASCFC 104
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CaseChat Overview and Summary
The legal issues before the court were whether the sentencing judge erred in imposing a head sentence of eight years and six months imprisonment and a non-parole period of five years. The appellant argued that the non-parole period was manifestly excessive, while the prosecution did not challenge the head sentence.
The court found that the sentencing judge did not err in imposing the head sentence of eight years and six months. However, the court determined that the non-parole period of five years was manifestly excessive. The reasoning for this was that the five-year non-parole period represented nearly 60 per cent of the head sentence. The court considered the appellant's chronic alcoholism and depression, her remorse, her motivation to abstain from alcohol, and the low likelihood of her reoffending, as evidenced by a report from Dr Balfour. These factors, in the court's view, meant the non-parole period did not adequately reflect her prospects of rehabilitation.
Consequently, the court ordered that the head sentence of eight years and six months imprisonment remain unchanged, but the non-parole period was reduced to four years imprisonment.
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
Ratio Decidendi
Legal Principle Established
Established by: KOURAKIS CJ
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