R v Keyte No. Sccrm-99-92 Judgment No. S331

[1999] SASC 331

R v KEYTE
[1999] SASC 331

Court of Criminal Appeal:  Doyle CJ, Bleby and Wicks JJ

1. DOYLE CJ.      This is an application for leave to appeal against sentence.

2. The applicant pleaded guilty to a charge of assault with intent to rob.  The maximum sentence is life imprisonment.  A District Court judge sentenced the applicant to imprisonment for three years six months, and fixed a non parole period of two years six months.

3. Mr Keyte has sought leave to appeal against the sentence on the grounds that the head sentence and non parole period are manifestly excessive.  It has also claimed that the sentencing judge failed to give adequate weight to Mr Keyte’s use of drugs. At the time of the offence, it appears that Mr Keyte was under the influence of drugs.

4. Leave to appeal was refused by Duggan J on 12 July 1999.  He gave brief reasons for refusing leave to appeal.

5. By application dated 19 July 1999, Mr Keyte applied to have determined by the Full Court his application for leave to appeal against sentence.  The application was considered by the Full Court in private pursuant to Rule 15(7) of the Criminal Appeal Rules.  The Court for that purpose comprised Bleby J, Wicks J and me.

6. The Court is unanimously of the opinion that leave to appeal should be refused.  All members of the Court agree that there is no reasonable prospect of the submission that the sentence is manifestly excessive succeeding.  In substance, all members of the Court agree with the views expressed by Duggan J, when he refused leave.

7. Accordingly, the order of the Court is that leave to appeal against sentence be refused.

8. BLEBY J.          I agree with the reasons of the Chief Justice.

9. WICKS J.          I agree with the reasons of the Chief Justice.