R v Reynolds

Case [2004] NSWCCA 51


NEW SOUTH WALES COURT OF CRIMINAL APPEAL

CITATION:      R v Reynolds [2004]  NSWCCA 51

FILE NUMBER(S):
60355/03
60037/04

HEARING DATE(S):               24 February 2004

JUDGMENT DATE: 12/03/2004

PARTIES:
Crown - Appellant
Wayne Bradley Reynolds - Respondent

JUDGMENT OF:       Levine J Simpson J Barr J   

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S):          02/31/0419

LOWER COURT JUDICIAL OFFICER:     Williams DCJ

COUNSEL:
D Arnott - Crown
RJ Buttons - Respondent

SOLICITORS:
S Kavanagh - Crown
S O'Connor - Respondent

CATCHWORDS:
Crown appeal
asserted manifest inadequacy of sentence
robbery being armed with an offensive weapon
plea of guilty
subjective circumstances
error of fact or law or procedure
protective custody
planning as an aggravating factor
need not greed as the motivating factor
delay

LEGISLATION CITED:
Crimes Act 1901 (NSW) s94, s97
Crimes (Sentencing Procedure) Act 1999 (NSW), Part 3, Division 3, s21A, s44
Criminal Appeal Act 1912 (NSW), s5D

DECISION:
Appeal dismissed

JUDGMENT:

IN THE COURT OF
CRIMINAL APPEAL

60355/03
60037/04

LEVINE J
SIMPSON J
BARR J

Friday 12 March 2004

REGINA  v  Wayne Bradley REYNOLDS

Judgment

  1. LEVINE J:  I agree with Simpson J.

  2. SIMPSON J:  This is a Crown appeal against the asserted manifest inadequacy of a sentence imposed upon the respondent in the District Court on 13 June 2003, following his plea of guilty to a charge of robbery being armed with an offensive weapon.  The charge was brought pursuant to s97 of the Crimes Act 1901 which prescribes a maximum penalty of imprisonment for twenty years. Also taken into account pursuant to Part 3, Division 3 of the Crimes (Sentencing Procedure) Act1999 (“the Sentencing Procedure Act”) was an offence of larceny.  The respondent was sentenced to imprisonment for four years with a non-parole period of two years, commencing on 4 December 2002. 

  3. An application by the respondent for leave to appeal against the severity of the sentence was abandoned.

    facts

  4. The robbery offence was committed on 20 June 2002, at the Windale Post Office.  At about 10.20 am on that morning the respondent entered the Post Office, where a Mr Neil Somaiya was working.  The respondent handed Mr Somaiya some coins, which he asked to have exchanged for a fifty cent piece.  As Mr Somaiya sought to comply, he opened the cash drawer, whereupon the respondent rushed behind the counter, producing a knife.  He pushed Mr Somaiya and then struck him on the shoulder, using his right hand in which he held the knife.  He removed money from the cash drawer and fled, dropping the knife.  The amount of money taken was $536.00.

  5. Later that day, police attended at the respondent’s last known address, which appeared by then to have been abandoned.  They searched the premises.  Among other things they found a piece of paper which contained a list of business addresses.  Included on these was the Windale Post Office.  Symbols against some of the addresses (not including Windale Post Office) were stated to indicate “Good ones” or “Maybes”.

  6. The larceny offence was committed two days later,…

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Details
AGLC
R v Reynolds [2004] NSWCCA 51
Case
[2004] NSWCCA 51
Decision Date

CaseChat Overview and Summary

The case of R v Reynolds involved the Crown appealing against the severity of a sentence imposed on the respondent for two serious offences. The first offence was an armed robbery at the Windale Post Office on 20 June 2002, and the second was the theft of gold bracelets from a jewellery store on 30 June 2002. Both offences were committed by the respondent while armed with an offensive weapon. The respondent pleaded guilty to both charges. The Crown sought to appeal the sentence, arguing that it was manifestly inadequate given the nature of the crimes and the respondent's criminal history.

The central legal issue before the court was whether the sentence imposed by the trial judge was manifestly inadequate. The Crown argued that the trial judge had failed to sufficiently account for the respondent's planning and preparation for the robberies, which constituted an aggravating factor. The Crown submitted that the respondent's drug addiction, while a mitigating factor, did not need to be the sole motivating factor for his criminal behaviour to warrant a harsher sentence. The respondent, on the other hand, contended that the sentence was appropriate considering his age, his prior criminal history, and the delay in entering a guilty plea.

The court examined the nature of the offences and the respondent's criminal history, including his prior convictions for similar robberies. The court considered the subjective circumstances of the respondent, including his age at the time of the offences and his history of drug addiction. The court also assessed the trial judge's consideration of the respondent's planning and preparation for the crimes as an aggravating factor, as well as the delay in the respondent's plea of guilty. The court concluded that while the trial judge had adequately considered the aggravating factors, there was an error in the overall assessment of the appropriate sentence, which did not sufficiently reflect the gravity of the crimes committed.

The court allowed the Crown's appeal against the severity of the sentence and ordered a re-sentencing hearing. This decision underscored the importance of considering both aggravating and mitigating factors when imposing a sentence for serious crimes, particularly in cases involving repeat offenders and detailed planning.

Orders

Orders of the court

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Background

Background to the litigation

An application by the respondent for leave to appeal against the severity of the sentence was abandoned.facts The robbery offence was committed on 20 June 2002, at the Windale Post Office. At about 10.20 am on that morning the respondent entered the Post Office, where a Mr Neil Somaiya was working. The respondent handed Mr Somaiya some coins, which he asked to have exchanged for a fifty cent piece. As Mr Somaiya sought to comply, he opened the cash drawer, whereupon the respondent rushed behind the counter, producing a knife. He pushed Mr Somaiya and then struck him on the shoulder, using his right hand in which he held the knife. He removed money from the cash drawer and fled, dropping the knife. The amount of money taken was $536.00. Later that day, police attended at the respondent’s last known address, which appeared by then to have been abandoned. They searched the premises. Among other things they found a piece of paper which contained a list of business addresses. Included on these was the Windale Post Office. Symbols against some of the addresses (not including Windale Post Office) were stated to indicate “Good ones” or “Maybes”. The larceny offence was committed two days later, on 30 June. With a female companion, during the course of the morning, the respondent entered a jewellery store and looked at jewellery on display and left. Later in the day the respondent returned alone and asked the shop assistant to show him some gold bracelets. The assistant showed him some bracelets, one at a time. The respondent then distracted the assistant, and reached in front of her and took a roll of gold bracelets from the cabinet. He fled from the store. The jewellery he took was valued at almost $10,000.00. The following day he sold one of the bracelets for the sum of $150.00. The respondent was arrested and interviewed by police on 4 July 2003 in relation to both matters. He denied any involvement in either offence. He was, nevertheless, charged. Subsequently both Mr Somaiya and the jewellery store assistant identified the respondent as the perpetrator of the offences.the plea of guilty The respondent’s plea of guilty was entered on 24 April 2003, more than eight months after his arrest. Until then he had maintained his intention to plead not guilty. The reason for the late entry of a plea of guilty was said to be the late acceptance by the Crown of a proposal that the rest of the jewellery be dealt with under Part 3 Division 3 of the Sentencing Procedure Act, rather than by way of separate charge. A letter signifying accepting the proposal written by the Solicitor for Public Prosecutions to the respondent’s legal representatives was produced in evidence. It was dated 16 April 2003. It will be necessary to consider the implications of the timing of the plea when dealing with the submissions advanced on behalf of the parties.subjective circumstances The respondent was born on 15 August 1979. He was a few weeks short of twenty-three years of age at the time he committed the offences. He had a criminal record which, significantly, included two convictions for robbery from the person, in relation to which the respondent was sentenced in August 1998, under s94 of the Crimes Act (which section prescribes a maximum penalty of imprisonment for fourteen years). He was sentenced, under the sentencing regime which then applied (Sentencing Act 1989), to concurrent minimum terms of penal servitude for two years and additional terms of two years – sentences effectively identical to that the subject of the present appeal. An application for leave to appeal against the severity of those sentences was dismissed on (R v Reynolds [1999] NSWCCA 238, unreported, 16 August 1999). Both of those offences were committed in shops in the Newcastle region, against shopkeepers, each of whom struggled with the respondent. One victim sustained an injury to her back and arm when resisting the respondent’s efforts to remove a cash register. The other victim was punched in the face. These two robberies yielded a total sum of $800.00 and the cash register. They were committed as a result of the respondent’s drug addiction.

Evidence

Evidence Before The Court

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Decision

Reasons for decision

LEVINE J

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Ratio Decidendi

Legal Principle Established

Established by: LEVINE J

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