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R v Privett

R v Privett

Case [2001] NSWCCA 518 13 December 2001

Criminal Liability

Mens Rea & Intention

Jurisdiction

Admissibility of Evidence

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CITATION: Regina v Privett [2001] NSWCCA 518

FILE NUMBER(S): CCA 60698/99

HEARING DATE(S): 3 December 2001

JUDGMENT DATE:
13 December 2001

PARTIES :

Regina
Dean Anthony Privett

JUDGMENT OF: Mason P at 1; Sully J at 2; Levine J at 75

LOWER COURT JURISDICTION: Supreme Court

LOWER COURT FILE NUMBER(S) : 70081/98

LOWER COURT JUDICIAL
OFFICER : Badgery-Parker AJ

COUNSEL : R. A. Hulme - Crown
M. C. Ramage QC - Appellant

SOLICITORS: S. E. O'Connor- Crown
Legal Aid Commission - Appellant

LEGISLATION CITED: Criminal Appeal Act 1912 (NSW)
Jury Act 1977 (NSW)
Evidence Act 1995 (NSW)

CASES CITED:
House v The King (1936) 55 CLR 499
Maric v The Queen (1978) 52 ALJR 631
Driscoll v The Queen (1977) 137 CLR 517
Wilde v The Queen (1988) 164 CLR 365
Wu v The Queen (1999) 199 CLR 99
R v Baker [1999] NSWCCA 277

DECISION: Appeal against conviction dismissed; Leave to appeal against sentence granted; Appeal against sentence allowed, that the sentence passed at first instance be quashed, and that in lieu thereof the appellant sentenced to imprisonment for 17 years and 9 months, deemed to have commenced on 22 October 1998 and expiring on 21 July 2016, with a non-parole period of 13 years and 4 months, deemed to have commenced on 22 October 1998 and expiring on 21 February 2012.

60698/99

MASON P
SULLY J
LEVINE J

Thursday 13 December 2001

REGINA v DEAN ANTHONY PRIVETT

JUDGMENT

1 MASON P:

I agree with Sully J.

2 SULLY J:: On 15 July 1999 the present appellant, Mr. Dean Privett, was presented jointly with his brother, Mr. Michael Privett, before Badgery-Parker AJ of this Court, sitting in Goulburn. The appellant and his brother were jointly indicted and charged with having murdered Dr. Peter Browne Rowland on 25 June 1996 at Gundaroo in this State. The appellant and his brother both pleaded not guilty to that charge; and they were put thereupon on trial jointly, and by Badgery-Parker AJ and a jury. On 3 August 1999 the jury found the appellant and his brother guilty as charged. On 22 October 1999 the appellant was sentenced to penal servitude for a term of 17 years and 9 months, divided between a minimum term of 14 years and 6 months and an additional term of 3 years and 3 months. The appellant challenges his conviction and applies for leave to appeal against the severity of his sentence.

3 The essential structure of the Crown case against the appellant is summarised conveniently as follows in the written trial summary filed by the Crown in connection with the present appeal:--

“On 21.6.96 Byron Spencer and Michael Privett travelled from Albury to Yass to attend the birthday party of Wendy Woodland. The appellant was living in Yass. On the evening of 25.6.96, the appellant enlisted the aid of Gary Teale to drive himself, Michael Privett and Byron Spencer to a property outside Yass, where they broke into a shed and stole a quantity of…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Privett

Details

AGLC: R v Privett [2001] NSWCCA 518
Case: [2001] NSWCCA 518
Decision Date: 13 December 2001

CaseChat Overview and Summary

The case of Regina v Privett involved Dean Anthony Privett, who was jointly indicted with his brother for the murder of Dr. Peter Browne Rowland. The appellant challenged his conviction and sentence, raising multiple grounds of appeal. The primary legal issues included whether the trial judge erred in denying a separate trial, in discharging a juror, in rejecting questions about a witness's plea bargain, and in allowing certain evidence. The Court of Criminal Appeal dismissed the appeal against conviction but granted leave to appeal against the sentence. The appeal against sentence was allowed, and the sentence was reduced from 14 years and 6 months minimum to 13 years and 4 months minimum, with the remainder of the sentence unchanged. The court found no substantial miscarriage of justice in the trial and upheld the conviction while modifying the sentence.

Orders