R v Newton

Case [2002] SASC 36


R v NEWTON
[2001] SASC 36

Court of Criminal Appeal:  Perry, Wicks and Gray JJ

  1. PERRY J.               This is an application by the Director of Public Prosecutions for leave to appeal against the sentence imposed upon the respondent in the District Court, following her plea of guilty to a charge of armed robbery.

  2. The learned sentencing judge imposed a sentence of imprisonment of 3 years and 6 months against which he fixed a non-parole period of 9 months. He directed that the head sentence and the non-parole period both commence on 15 June 2001, being the day upon which the respondent was taken into custody.

  3. The offence occurred on the preceding day, that is, on 14 June 2001, at about 4.45 pm. A few minutes beforehand the victim, a woman then aged 27 years, had made a withdrawal at an ATM machine on the north-west corner of Victoria Square. She then bought a packet of cigarettes at a shop in Grote Street.

  4. As she was walking back to the SGIC building in Victoria Square, which is where she worked, she was accosted by the respondent, who asked her for a cigarette. The victim offered her one, whereupon the respondent said that she had seen the victim go to the ATM.

  5. The respondent then demanded money, at the same time moving closer to the victim, and stating that she had been in gaol and “been in trouble”. The respondent grabbed the victim by the left shoulder and pulled her closer, at which stage the victim felt a prick to the lower right abdomen. The victim then noticed that the respondent had a syringe, which appeared to be empty, in her right hand. The respondent said that she had just got out of gaol and had AIDS.

  6. The victim proceeded to hand her purse over to the respondent, who removed all of the money from it, about $80, and handed the purse back. The respondent then ran along a side street to Franklin Street, past the GPO, eventually disappearing down the lane leading off King William Street running along the south side of the Town Hall.

  7. As it turned out, the respondent had been released on an unrelated matter from the cells of the Adelaide Magistrates Court at about 3.15 pm on the day of the offence. When she was discharged from custody, amongst her property returned to her was the syringe in question.

  8. The respondent is a heroin addict. She was “hanging out” at the time of the robbery and desperate for money to get a “fix”.

  9. Contrary to her assertion to the victim, the respondent does not have AIDS. However she has tested positive to hepatitis C, which was believed to be dormant at the time.

  10. Tests undertaken by the victim indicated that at the time the respondent was sentenced the victim had not contracted hepatitis C, but it was possible that ongoing tests might prove positive.

  11. The respondent is a young woman, born on 21 October 1977. She was…

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AGLC
R v Newton [2002] SASC 36
Case
[2002] SASC 36
Decision Date

CaseChat Overview and Summary

The parties involved in this appeal are Charlotte Emma Newton, the appellant, and the Crown, represented by the respondent. The nature of the dispute is an appeal against a conviction for armed robbery. The Court of Appeal of the Supreme Court of South Australia is the judicial body hearing the appeal. The primary legal issues that the Court had to address in this case include whether the trial judge erred in his direction to the jury regarding the definition of "armed" in the context of the offence of armed robbery, and whether the appellant's conviction should be quashed due to this error.

The court's reasoning on the first issue involved a detailed analysis of the statutory definition of "armed" in section 158 of the Criminal Law Consolidation Act 1935 (SA) and its application to the facts of the case. The Court found that the trial judge had correctly interpreted and applied the statutory definition, and therefore, there was no error in the direction given to the jury. Regarding the second issue, the Court concluded that even if there had been an error, it was not of such a nature that it would have affected the outcome of the trial, and therefore, the conviction should not be quashed.

The final orders of the Court were that the appeal against conviction should be dismissed. The Court did not find merit in the arguments presented by the appellant and upheld the decision of the trial judge. The conviction and sentence imposed on the appellant for the offence of armed robbery were therefore confirmed.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

PERRY J WICKS J (dissent) GRAY J
The application for leave to appeal must be dismissed.JUDGMENT CITATIONSLISTED IN ORDER OF APPEARANCE IN JUDGMENT1. Court of Criminal Appeal, 21 December 2001, judgment No [2001] SASC 450 (unreported) at para 31.2. Everett v R (1994) 181 CLR 295 per Brennan, Deane, Dawson and Gaudron JJ at 305.3. R v Osenkowski (1982) 30 SASR 212 at 213.4. [2001] HCA 64, 15 November 2001 (unreported).5. Specific statutory provisions in New South Wales and Western Australia might authorise “guideline judgments”.6. This would clearly seem to be the view of Gaudron, Gummow and Hayne JJ in their joint judgment, and Kirby J in his separate judgment. Gleeson CJ found that “valid criticism” could be advanced as to the use which might be made of the guidelines in future cases and Callinan J “strongly” doubted, but without deciding the question, that the formulation and application of the guidelines could be a proper exercise of the judicial power of the Commonwealth.7. (1997) 69 SASR 150.8. Ibid at 171.9. (1994) 61 SASR 447.10. (1979) 22 SASR 543.11. (1987) 140 LSJS 343.12. Court of Criminal Appeal, 21 May 1991, judgment No S2870 (unreported).13. Ibid 448-449.14. (1988) 147 LSJS 486 at 487-488.15. See R v Drumgoon, Court of Criminal Appeal, 13 December 1995, judgment S538.2 (unreported).16. (1995) 64 SASR 480; 80 A Crim R 147.17. (1988) 48 SASR 555; (1988) A Crim R 412.18. (1988) 147 LSJS 486 at 487-8.19. (1993) 66 A Crim R 83 at 88-9.20. Section 158.21. See, for example, the armed hold-ups considered by the Court of Criminal Appeal in the cases of Dorning (1981) 27 SASR 481 (a service station, a drive-in theatre, and an hotel), King (1988) 48 SASR 557 (a chemist shop), Duke and Knowles (1987) 46 SASR 118 (a chemist shop, a trailer-hiring business, and a bank), Prendergast (1988) 147 LSJS 486 (a bank), Hoare (No 2), (1989) judgment No 2018 (unreported) (a pizza bar), Hooper (1995) 64 SASR 480 (a bank), Tichy (1982) 30 SASR 84 (a chemist shop), Brett (1987) 140 LSJS 343 (three chemist shops), Fermaner (1994) 62 SASR 447 (a service station), Spiero (1979) 22 SASR 543 (a chemist shop), Drumgoon, judgment No S5382, 13 December 1995 (unreported) (a credit union), Rooke judgment No S6738, 19 June 1998 (unreported) (a service station) and Lumsden, judgment No [2000] SASC 49, 1 March 2000 (unreported) (a delicatessen).22. See, for example, R v Percy, Court of Criminal Appeal, 19 November 1991, judgment No S3140 (unreported) per Zelling AJ, and Mills v The Queen (1997) 17 WAR 518. 23. See Spiero (supra).24. “Charlotte Emma Newton on the 14th June, 2001 at Adelaide, being armed with an offensive instrument, namely a syringe, robbed Natalie Ann Doyle of money in the sum of about $80. Contrary to section 158(a) of the Criminal Law Consolidation Act 1935 (SA).”25. Everett v The Queen (1994) 181 CLR 295 at 29926. R v Hooper (1994-1995) 64 SASR 480, R v Lumsden [2000] SASC 4927. [2001] HCA 64

Ratio Decidendi

Legal Principle Established

Established by: PERRY J, GRAY J

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