SUPREME COURT OF SOUTH AUSTRALIA
(Court of Criminal Appeal)
R v HARRADINE & HARRADINE
[2012] SASCFC 103
Judgment of The Court of Criminal Appeal
(The Honourable Justice Sulan, The Honourable Justice White and The Honourable Justice Nicholson)
30 August 2012
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - PRINCIPLES APPLIED BY APPELLATE COURT TO CROWN APPEALS
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - ROBBERY - SENTENCE
Crown appeals against sentence - the defendants were charged and pleaded guilty to aggravated robbery - offending involved robbing a hotel whilst armed, and threatening to use offensive weapons.
Sentencing Judge sentenced each defendant to two years and three months' imprisonment with a non-parole period of 12 months' imprisonment.
Whether the sentences were manifestly inadequate - whether the sentencing Judge erred in commencing with a starting point of three years.
Principles of Crown appeals, discussed - principles relating to sentencing for crimes of armed robbery, discussed.
Held: Appeals allowed - sentencing Judge gave no explanation for departing from the sentencing standard discussed in R v Place - the sentences were manifestly unreasonable and ought to be addressed to maintain adequate sentencing standards for aggravated robbery - defendants sentenced to four years and six months' imprisonment with a non-parole period of two years and three months' imprisonment.
Criminal Law Consolidation Act 1935 (SA) s 137(1), referred to.
Everett v The Queen (1994) 181 CLR 295; R v Osenkowski (1982) 30 SASR 212; R v Jones (2010) 108 SASR 479; R v Siozios (2004) 236 LSJS 88; R v Nemer (2003) 87 SASR 168; R v Place (2002) 81 SASR 395, applied.
R v HARRADINE & HARRADINE
[2012] SASCFC 103Court of Criminal Appeal: Sulan, White and Nicholson JJ
SULAN J: The Director of Public Prosecutions (‘the Director’) seeks permission to appeal against sentences imposed upon the defendants and respondents to these appeals, George Stanley Harradine and Anthony Neil Harradine.
The defendants pleaded guilty when first arraigned to aggravated robbery. They, together with a third man, robbed a hotel manager when they were armed with screwdrivers, contrary to s 137(1) of the Criminal Law Consolidation Act 1935 (SA). The maximum penalty for the offence is life imprisonment.
On 12 July 2012, a Judge of the District Court sentenced each defendant to two years and three months’ imprisonment, and fixed a non-parole period of 12 months’ imprisonment, the sentences to commence on 5 November 2011.
Background
The conduct giving rise to the offence occurred on 5 November 2011 at the Rosewater Hotel. George Harradine and another man entered the hotel at about 11.30 am. They confronted an employee who was standing at the rear bar situated in the dining room. One of the men demanded money. The other man was holding a yellow-handled screwdriver. The employee pressed the duress alarm. She then ran from the dining room into a bar where she warned others that there was a holdup. She locked the…
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- AGLC
- R v Harradine [2012] SASCFC 103
- Case
- [2012] SASCFC 103
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Full Court was whether the sentences of two years and three months imprisonment, with a non-parole period of 12 months, imposed by the District Court Judge were manifestly inadequate, thereby justifying the Crown's appeal. The court was required to consider the principles governing Crown appeals against sentence, particularly in cases of aggravated robbery, and to balance the need for general deterrence and public protection against the personal circumstances of the offenders.
The Full Court reasoned that while the District Court Judge had acknowledged the need for general deterrence and protection of the public, the sentences imposed did not adequately reflect the seriousness of the aggravated robbery offence. The court considered the use of a weapon (a screwdriver) and the threat of violence in a public place, which posed a significant risk to hotel employees. Despite acknowledging the personal circumstances of the Harradine brothers, including their remorse, family support, and cultural background, the court found that these factors did not sufficiently mitigate the gravity of the crime to warrant the relatively lenient sentences. The court applied the principle that sentences for aggravated robbery must be sufficiently severe to deter others and to reflect community condemnation of such conduct.
Consequently, the Full Court granted the Director of Public Prosecutions permission to appeal and allowed each appeal. The original sentences were set aside, and in substitution, each respondent was sentenced to four years and six months imprisonment, with a non-parole period of two years and three months, commencing from the date of the original offending.
Orders
Orders of the court
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Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: WHITE J, NICHOLSON J
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