R v Newby

The Supreme Court of the Australian Capital Territory, constituted by Elkaim, Mossop, and Bromwich JJ, heard a Crown appeal against the sentence imposed on the respondent, Jayscen Anthony Newby, for murder. Mr Newby had pleaded guilty to the charge and received a sentence of 20 years imprisonment with a non-parole period of 10 years. The Crown contended that the sentencing judge erred in several respects, including failing to consider specific provisions of the Crimes (Sentencing) Act 2005 (ACT), improperly affording a discount for assistance to law enforcement, inadequately justifying the non-parole period, and that the overall sentence was manifestly inadequate.

The legal issues before the Court of Appeal included whether the sentencing judge had failed to consider section 35(4) of the Crimes (Sentencing) Act 2005, which mandates consideration of the timing of a guilty plea in relation to the commencement of a trial. The Court was also required to determine if the sentencing judge erred in granting a discount for assistance to law enforcement under section 36 of the same Act, and if the reasons provided for the non-parole period were sufficient. Ultimately, the Court had to decide if the original sentence was so inadequate as to be considered manifestly so.

The Court allowed the appeal, finding that the sentencing judge had erred in the manner alleged by the Crown. The Court reasoned that the guilty plea, entered shortly before the trial was due to commence, was a recognition of the overwhelming evidence against Mr Newby, rather than a genuine indication of remorse or assistance that would warrant the substantial discount given. The Court also found that the sentencing judge failed to adequately consider the gravity of the offence, which involved a brutal and unprovoked attack on the deceased in the presence of his former partner, and that the reasons for the non-parole period were insufficient. Consequently, the Court set aside the original sentence and non-parole period.

The Court resentenced Mr Newby to a term of imprisonment of 24 years, commencing on 12 January 2020, and imposed a non-parole period of 15 years, also commencing on 12 January 2020.