CITATION: Regina v Ponfield [1999] NSWCCA 422 FILE NUMBER(S): CCA 60326/99 HEARING DATE(S): Friday 1 October 1999 JUDGMENT DATE:
16 December 1999PARTIES :
Regina v Robert George PonfieldJUDGMENT OF: Spigelman CJ at 1; Grove J at 2; Sully J at 23
LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S) : DCQ8 264/99 LOWER COURT JUDICIAL OFFICER: J.B. Phelan DCJ
COUNSEL: C.K. Maxwell QC & M. Buscombe (Crown)
J.S. Stratton (Respondent)SOLICITORS: S.E. O'Connor (Crown)
T.A. Murphy (Respondent)CATCHWORDS: Criminal Law and Procedure - Sentence - Breaking Entering and Stealing - Inadequacy - Crown Appeal ACTS CITED: Crimes Act 1900
Criminal Procedure Act 1986CASES CITED: Griffiths v The Queen 1977 137 CLR 293 DECISION: Appeal allowed
The respondent had a significant criminal record including many offences of breaking entering and stealing and allied crimes. He was arrested in possession of loot from like offences and after charging, released on bail. He failed to appear. A year later he was again arrested virtually red-handed after another breaking entering and stealing. A pre-sentence report stated that non-custodial options could not be recommended in the absence of demonstration that drug problems had been overcome. The respondent sought a long adjournment so as to be able to show his endeavour at rehabilitation. At the final sentencing hearing, favourable information was presented. The respondent was released on recognizance on two counts and sentenced to 500 hours community service on a third.
HELD: The orders failed to reflect the objective circumstances of the offences and represented manifestly inadequate sentence. The respondent’s efforts towards rehabilitation should be encouraged but a custodial sentence was demanded by the circumstances followed by an extended period of parole.
IN THE COURT OF
60326/98
CRIMINAL APPEAL
SPIGELMAN CJ
GROVE J
SULLY J16 December 1999
REGINA v ROBERT GEORGE PONFIELD
JUDGMENT1 SPIGELMAN CJ : I agree with Grove J.
2 GROVE J: This appeal was heard in conjunction with applications by the Attorney General and the Director of Public Prosecutions for a guideline judgment in connection with offences of breaking, entering and stealing punishable pursuant to s 112(1) of the Crimes Act 1900.3 The respondent Ponfield pleaded guilty in Wollongong District Court to three counts of breaking entering and stealing and asked to be taken into account on Form 1 an offence of possessing implements capable of entering and driving a conveyance and an offence of failing to appear. J.B. Phelan DCJ deferred passing sentence in respect of counts 1 and 2 upon the respondent entering a recognizance himself in the sum of $500 to be of good behaviour for a period of eighteen months on the condition that he continue under the supervision of the Probation Service and in particular except such direction as it gives in relation to drug rehabilitation “including full time rehabilitation” if that is considered necessary and on the third count his Honour imposed 500 hours community service.
4 In relation to counts 1 and 2 the facts were that at about…
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- AGLC
- R v Ponfield [1999] NSWCCA 422
- Case
- [1999] NSWCCA 422
- Decision Date
CaseChat Overview and Summary
The central legal issues revolved around the adequacy of the sentence imposed by the trial judge and whether the Court should intervene on the grounds that the sentence was manifestly inadequate. The Crown argued that the sentence did not reflect the seriousness of the offence and failed to adequately deter Ponfield and others from committing similar crimes. The appeal hinged on whether the Court should exercise its discretion to impose a more severe sentence.
The High Court found that the trial judge had not sufficiently considered the need for deterrence and general deterrence in imposing the sentence. The Court noted that while the trial judge had taken into account various mitigating factors, the overall sentence did not appropriately reflect the severity of the crime committed. The Court held that the sentence was manifestly inadequate and exercised its appellate jurisdiction to increase the term of imprisonment. The Court emphasised the importance of ensuring that sentences for serious offences such as breaking and entering and stealing serve both as a punishment for the offender and as a deterrent to others.
The final orders of the Court were to increase the term of imprisonment for Ponfield, reflecting the need for a sentence that adequately addresses the seriousness of the offence and its impact on the community.
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
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Ratio Decidendi
Legal Principle Established
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