NEW SOUTH WALES COURT OF CRIMINAL APPEAL
CITATION:
R v Rayment [2010] NSWCCA 85
FILE NUMBER(S):
2008/18584
HEARING DATE(S):
28 April 2010
JUDGMENT DATE:
7 May 2010
PARTIES:
Regina (Appellant)
Randall James Rayment (Respondent)
JUDGMENT OF:
Tobias JA Johnson J Rothman J
LOWER COURT JURISDICTION:
District Court
LOWER COURT FILE NUMBER(S):
2008/18584
LOWER COURT JUDICIAL OFFICER:
Coorey DCJ
LOWER COURT DATE OF DECISION:
9 February 2010
LOWER COURT MEDIUM NEUTRAL CITATION:
---
COUNSEL:
Mr F Veltro (Appellant)
Mr J Stratton SC (Respondent)
SOLICITORS:
Solicitor for Public Prosecutions (Appellant)
Mark Rumore & Associates (Respondent)
CATCHWORDS:
CRIMINAL LAW
sentence
Crown appeal
order under s.11 Crimes (Sentencing Procedure) Act 1999
offences of reckless wounding and aggravated detain for advantage
whether error in exercise of s.11 power
held (by majority) error not disclosed
LEGISLATION CITED:
Crimes (Sentencing Procedure) Act 1999
Criminal Procedure Act 1986
Crimes Act 1900
Criminal Appeal Act 1912
CATEGORY:
Principal judgment
CASES CITED:
R v Trindall [2002] NSWCCA 364; 133 A Crim R 119
R v Palu [2002] NSWCCA 381; 134 A Crim R 174
House v The King (1936) 55 CLR 499
Sayin v R [2008] NSWCCA 307
R v Miria [2009] NSWCCA 68
Spooner v R [2009] NSWCCA 247
R v Elmir [2003] NSWCCA 192
Lovell v R [2006] NSWCCA 222
Barlow v R [2008] NSWCCA 96
R v Swan [2006] NSWCCA 47
R v Mitchell [2007] NSWCCA 296; 177 A Crim R 94
R v Dodd [1991] 57 A Crim R 349
R v Scott [2005] NSWCCA 152
Truss v R [2008] NSWCCA 325
R v Alameddine [2005] NSWCCA 68
R v ABS [2005] NSWCCA 255
R v JW [2010] NSWCCA 39
O’Neil-Shaw v R [2010] NSWCCA 42
Re Coldham Ex Parte Brideson [1989] HCA 2; (1989) 166 CLR 338
Veen v R (No 2) [1988] HCA 14; (1988) 164 CLR 465
R v Gordon (1994) 71 A Crim R 459
Griffiths v R [1977] HCA 44; (1977) 137 CLR 293
HAN, Zhi Qiang v R [2009] NSWCCA 300
R v AN [2005] NSWCCA 239
R v LNT [2005] NSWCCA 307
MJ v R, CPD v R [2010] NSWCCA 52
TEXTS CITED:
DECISION:
Crown appeal dismissed.
JUDGMENT:
IN THE COURT OF
CRIMINAL APPEAL
2008/18584
TOBIAS JA
JOHNSON J
ROTHMAN J7 May 2010
R v RANDALL JAMES RAYMENT
Judgment
TOBIAS JA: I have had the advantage of reading in draft the judgments of Johnson J and Rothman J in this matter. As their Honours adopt opposing views as to the outcome of the Crown’s appeal, it falls to me to, in effect, choose between them. This is no easy task for the reasons of each of my colleagues in reaching their respective conclusions are both principled and persuasive.
There seems to me to be three issues of particular relevance to my decision. The first is whether the sentencing judge made a finding with respect to the objective seriousness of the offences for which the offender was to be sentenced. It is…
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- AGLC
- R v Rayment [2010] NSWCCA 85
- Case
- [2010] NSWCCA 85
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the District Court had made an error in its exercise of the discretion afforded by s.11 of the Sentencing Act. The Crown argued that the sentence imposed was manifestly inadequate, and that the District Court had failed to give sufficient weight to the severity of the offences and the need for general deterrence. The appellant, on the other hand, contended that the sentence was appropriate given the circumstances of the case, and that any perceived error by the District Court did not amount to a miscarriage of justice warranting intervention by the Court of Criminal Appeal.
The majority of the court found that no error had been disclosed in the exercise of the s.11 power by the District Court. The court emphasised that it was not the role of the appellate court to substitute its own view of an appropriate sentence for that of the primary sentencing judge. The court considered the totality of the circumstances, including the appellant's guilty plea, his lack of a prior criminal record, and the specific facts of the offences. The court concluded that the District Court had appropriately balanced the various sentencing considerations and had exercised its discretion in a manner consistent with the principles of sentencing under the relevant legislation.
The court's decision upheld the original sentence imposed by the District Court. The appellant's appeal was dismissed, and the original sentence remained in place. The court's reasoning underscored the importance of deference to the sentencing discretion of the primary court, particularly in the absence of any clear and substantial error in the exercise of that discretion.
Orders
Orders of the court
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Background
Background to the litigation
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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