32/1998
PARTIES: R
v
MEERS, Simon James
MOLES, Leigh John
TITLE OF COURT: COURT OF CRIMINAL APPEAL (TAS)
JURISDICTION: APPELLATE
FILE NO/S: CCA 10/1998
CCA 11/1998
DELIVERED: 7 April 1998
HEARING DATE/S: 10 March 1998
JUDGMENT OF: Cox CJ, Wright J and Slicer J
CATCHWORDS:
Criminal Law - Appeal and new trial and inquiry after conviction - Appeal and new trial - Appeal against sentence - Appeal by Attorney-General or other Crown Law Officer - Powers of appellate court - Generally - Discretion of court - Whether to interfere - Manifestly inadequate sentence.
R v Percy [1975] Tas SR 62, R v Causby [1984] Tas R 54, R v Allpass (1994) 72 A Crim R 561, R v Gordon [1994] 71 A Crim R 459, referred to.
Aust Dig Criminal Law [1021]
Criminal Law - Appeal and new trial and inquiry after conviction - Appeal and new trial - Appeal against sentence - Appeal by Attorney-General or other Crown Law Officer - Application to increase sentence - Offences against the person - Grievous bodily harm and aggravated burglary - Manifestly inadequate sentence.
Aust Dig Criminal Law [1023]
REPRESENTATION:
Counsel:
Appellant: D J Bugg QC, K Eales
Respondent: W Hodgman
Solicitors:
Appellant: Director of Public Prosecutions
Respondent: Wallace Wilkinson & Webster
Judgment category classification:
Court Computer Code:
Judgment ID Number: 32/1998
Number of pages: 16
Serial No
File No CCA 10/1998CCA 11/1998
THE QUEEN v MEERS and MOLES
REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL
COX CJ
WRIGHT J
SLICER J
1998
Order of the Court
Serial No
File No CCA 10/1998CCA 11/1998
THE QUEEN v MEERS and MOLES
REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL
COX CJ
1998
For the reasons which are to be given by Wright J and which I have had the advantage of reading in draft form, I agree that the sentence of one year's imprisonment, the execution of the last ten months of which was suspended on condition that the respondents be of good behaviour for a period of two years, was manifestly inadequate having regard to the gravity of their conduct. I respectfully adopt his statement of the factual background to the appeal and his characterisation of the respondents' behaviour as extremely serious because it involved a violent intrusion by two strong young men into a family dwelling in the middle of the night whereafter they deliberately set upon an elderly man with punches and kicks and inflicted injuries properly described as "grievous". Notwithstanding a lengthy and painful convalescence, he has still not completely recovered from them.
It is, accordingly, incumbent on this Court to exercise its own discretion in passing an appropriate sentence. This, it must be admitted, is a very difficult task because of the need to balance the requirement to condemn the conduct in question by imposing a sentence which gives effect to the retributive and deterrent aspects of punishment with the claims to some tempering of its severity which the powerful considerations of youth, contrition, previous good conduct…
Continue reading R v Meers
Sign in free to access the full text
- AGLC
- R v Meers [1998] TASSC 32
- Case
- [1998] TASSC 32
- Decision Date
CaseChat Overview and Summary
The legal issues before the Court were whether the sentences imposed were manifestly inadequate and, if so, what appropriate sentence should be imposed. The Court considered the principles of sentencing, particularly the need to balance the retributive and deterrent aspects of punishment with the mitigating factors of the respondents' youth, remorse, and good character. The Court also considered the principle of double jeopardy and the need to avoid manifest disparities in sentencing standards. The Court found that the original sentences did not sufficiently address the need for retribution and general deterrence and were therefore manifestly inadequate.
The Court's reasoning was based on the gravity of the crimes committed, the need for retribution and general deterrence, and the mitigating factors of the respondents' youth, remorse, and good character. The Court emphasized the unacceptability of engaging in violent acts of revenge, even if based on a mistaken belief. The Court also considered the principle of double jeopardy and the need to avoid manifest disparities in sentencing standards. The Court concluded that a sentence of three years' imprisonment, with the last twelve months suspended, was appropriate to mark the opprobrium in which the community holds this kind of behavior and to acknowledge the mitigating factors of the respondents' antecedents and remorse.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.