CITATION: R v Hayes [2001] NSWCCA 358 FILE NUMBER(S): CCA 60776/00 HEARING DATE(S): 12/9/01 JUDGMENT DATE:
12 September 2001PARTIES :
Regina
Gregory Peter HayesJUDGMENT OF: Sully J at 1, 38; Carruthers AJ at 2
LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S) : 00/21/0108 LOWER COURT JUDICIAL
OFFICER :Karpin DCJ
COUNSEL : D M L Woodburne (Crown)
P R Boulten (App)SOLICITORS: S E O'Connor (Crown)
D J Humphreys (App)CATCHWORDS: Sentencing - appeal against allegedly excessive sentence - maliciously wound with intent to do grievous bodily harm - sentence to be served in protective custody - whether sufficient allowance for plea of guilty LEGISLATION CITED: Crimes Act 1900
Criminal Appeal Act 1912
Crimes (Sentencing Procedure) ActCASES CITED: Astill (No 2) (1992) 64 A Crim R 289
Kalache [2000] NSWCCA 2
R v Costin [1989] 11 Cr App R (s) 182
R v Lo [2001] NSWCCA 271
R v Stabler [1984] 6 Cr App R (s) 129
R v Thomson & Anor (2000) 49 NSWLR 383.
Rushby (1977) 1 NSWLR 594
Veen v The Queen (No 2) (1988) 164 CLR 465.DECISION: Application for leave to appeal allowed. Appeal dismissed.
- 15 -IN THE COURT OF
CRIMINAL APPEAL
- SULLY J
- CARRUTHERS AJ
- Wednesday 12 September 2001
Regina v Gregory Peter Hayes
JUDGMENT
1 SULLY J: I will ask Carruthers AJ to give the first judgment.
2 CARRUTHERS AJ: Gregory Peter Hayes seeks leave to appeal against the sentence imposed upon him by her Honour Judge Karpin at the Parramatta District Court on 27 October 2000. On 21 July 2000 the applicant was arraigned on an indictment containing one count of causing grievous bodily harm with intent to murder under s 27 of the Crimes Act 1900 and, in the alternative, one count of maliciously wound with intent to do grievous bodily harm under s 33 of the Act. Each of these offences carries a maximum penalty of twenty-five years imprisonment.
3 The applicant pleaded not guilty to the count under s 27 but guilty to the count under s 33, which guilty plea was accepted by the Crown in full satisfaction of the indictment.
4 It is convenient to note that albeit both these offences carry the same maximum penalty, the count under s 27 is, in the administration of the common law, generally understood to be a more serious offence than the offence encompassed by s 33.
5 Her Honour sentenced the applicant to imprisonment for eleven years and eight months to commence on 14 January 2000 and to expire on 13 September 2011. Her Honour fixed a non-parole period of eight years and nine months to commence on 14 January 2000 and to expire on 13 October 2008.
6 The applicant was born on 3 January 1957. He has an unhappy history. He was only thirteen years of age when he first came before the Minda Children's Court for an offence of illegally using a motor vehicle,…
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- AGLC
- R v Hayes [2001] NSWCCA 358
- Case
- [2001] NSWCCA 358
- Decision Date
CaseChat Overview and Summary
The court examined the principles of sentencing, particularly the need to balance the deterrence and denunciation functions of punishment with the need to consider the offender's remorse and any mitigating factors. The court also considered the specific circumstances of the offence, including the nature and severity of the injury inflicted and the defendant's criminal history. The court acknowledged that the sentencing judge had taken into account the defendant's early guilty plea, but also noted that the severity of the offence warranted a significant sentence.
In its judgment, the court found that the sentence imposed was not excessive, and that the requirement for Hayes to serve his sentence in protective custody was justified given the risk of violence to other prisoners. The court emphasised the importance of considering the safety of other prisoners, as well as the need to deter similar offences in the future. The appeal was therefore dismissed, and the original sentence was upheld.
The court made no further orders.
Orders
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Background
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Evidence
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Ratio Decidendi
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