Reported Decision:
155 A Crim R 428
New South Wales
Court of Criminal Appeal
CITATION: Regina v Reid [2005] NSWCCA 309
HEARING DATE(S): 23 August 2005
JUDGMENT DATE:
8 September 2005JUDGMENT OF: Sully J at 1; Hidden J at 30; Hall J at 31
DECISION: Leave to appeal against sentence granted; Appeal against sentence dismissed
LEGISLATION CITED: Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Criminal Appeal Act 1914 (NSW)CASES CITED: R v Way (2004) 60 NSWLR 168
Reg v Dodd (1991) 57 A Crim R 349
Reg v Reyes [2005] NSWCCA 218
Markarian v The Queen [2005] HCA 25
Reg v Beavan; unreported: NSWCCA 22/9/91PARTIES: Regina
Paul Wayne ReidFILE NUMBER(S): CCA 2005/495
COUNSEL: J. Dwyer - Crown
H. Dhanji - AppellantSOLICITORS: S. Kavanagh - Crown
S. O'Connor - Appellant
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/41/0049
LOWER COURT JUDICIAL OFFICER: Payne DCJ
2005/495
8 September 2005SULLY J
HIDDEN J
HALL J
REGINA v Paul Wayne REID
Introduction
SULLY J:
1 The applicant, Mr. Reid, pleaded guilty before a Local Court Magistrate to a charge of having maliciously wounded a named victim with intent thereby to do grievous bodily harm to that victim. The applicant was committed accordingly to the District Court for sentence. He stood eventually for sentence on 27 August 2004 before her Honour Judge Payne. Her Honour convicted the appellant, sentenced him to imprisonment for 6 years and 9 months and set a non-parole period of 4 years and 8 months.
2 The offence for which the applicant was thus sentenced contravenes section 33 of the Crimes Act 1900 (NSW). It attracts upon conviction a statutory maximum penalty of imprisonment for 25 years. The offence is nominated as item 4 in the Table to Division 1A of Part 4 of the Crimes (Sentencing Procedure) Act 1999 (NSW), (“the Sentencing Act”); and the term of 7 years is provided as the “standard non-parole period” for item 4.
3 The applicant contends that her Honour, in reasoning to her sentencing decision, “erred by double counting particular aggravating features of the offence”.
The Material Facts
4 These are summarised conveniently, and as follows, in the remarks on sentence, and there was no dispute about the accuracy and the sufficiency otherwise of that summary:
- “The prisoner and the victim, Anne-Maree Taylor, have known each other since the early 1970’s. The prisoner and the victim were in a de facto relationship but have not been in this type of relationship for the past eighteen years. The prisoner and the victim still see each other as friends. About 12.30 pm on Saturday 13 March 2004 the prisoner and another female attended 31 Howard Avenue, Bega where the victim was living. It was her residence. At the location the victim was sitting at her dining table having a cup of tea when the other female sat on the other side of the table and the prisoner stood…
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- AGLC
- R v Reid [2005] NSWCCA 309
- Case
- [2005] NSWCCA 309
- Decision Date
CaseChat Overview and Summary
The court considered the relevant legal principles, particularly those outlined in Way v The Queen and Reg v Reyes, which emphasize that a sentencing judge should first determine the objective seriousness of the offence before considering aggravating and mitigating factors. The Court found that the District Court did not correctly implement this approach, instead considering the aggravating and mitigating factors separately, which led to the risk of double counting. However, the Court held that the error did not warrant a more lenient sentence, as the objective seriousness of the offence was significant, and the sentence imposed was within the appropriate range.
The Court granted leave to appeal against the sentence but dismissed the appeal against the sentence, with all three judges agreeing with the majority opinion.
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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