CITATION: R v Robinson [2002] NSWCCA 359 FILE NUMBER(S): CCA 60679/00 HEARING DATE(S): 24 June 2002 JUDGMENT DATE:
25 September 2002PARTIES :
R v Christopher Andrew RobinsonJUDGMENT OF: Giles JA; Dunford J; Greg James J
LOWER COURT JURISDICTION: Supreme Court LOWER COURT FILE NUMBER(S) : 70051/99 LOWER COURT JUDICIAL
OFFICER :Adams J
COUNSEL : T J Golding - Appellant
Dr P J Power - CrownSOLICITORS: D J Humphreys - Applicant
S E O'Connor - CrownCATCHWORDS: Sentencing - murder - offender aged 17 - would be worst case but for age - sentence of 45 years with 35 years non-parole period - whether error in finding no remorse - no error - whether error in not reducing sentence by virtue of plea of guilty - no error - whether sentence manifestly excessive - gravity of crime and need for protection of public - consideration of protection of public - need for protction properly founded in evidence - no appealable error as to head sentence - weighing of factors different for non-parole period - special circumstances - appealable error as to non-parole period. D. CASES CITED: Bugmy v The Queen (1990) 169 CLR 525;
Dinsdale v The Queen (2000) 202 CLR 321;
Power v The Queen (1974) 131 CLR 623;
R v Costen (1989) 11 Cr App R (S) 182,
R v Crump (CCA, 30 May 1993, unreported);
R v Elemes [2000]NSWCCA 235;
R v Fernando; R v Fernando (1977) 95 A Crim R 533;
R v GDR (1994) 35 NSWLR 376;
R v Glen [1999] NSWSC 1018;
R v Harrison (1997) 93 A Crim R 314;
R v Leonard (CCA, 7 December 1998, unreported);
R v Purdey (1992) 65 A Crim R 441;
R v Simpson (2001) 53 NSWLR 704;
R v Stabler (1984) 6 Cr App R (S) 129;
R v Thomson; R v Houlton (2000) 49 NSWLR 383;
R v Tran [1999] NSWCCA 109;
Siganto v The Queen (1998) 194 CLR 656;
Veen v The Queen (No 1) (1979) 143 CLR 458;
Veen v The Queen (No 2) (1988) 164 CLR 465.DECISION: Grant leave to appeal, uphold the appeal, confirm the head sentence, but quash the non-parole period and in lieu thereof fix a non-parole period of 27 years to date from 22 January 1999. The earliest date on which the applicant will be eligible for release on parole is 21 January 2026.
CCA 60679/00
SC 70051/99Wednesday 25 September 2002GILES JA
DUNFORD J
GREG JAMES J
1 THE COURT: The applicant pleaded guilty to the murder on 27 December 1997 of Trevor John Parkin. At the time of the offence the applicant was 17 years old. The maximum penalty for the offence was life imprisonment. On 19 October 2000 Adams J sentenced the applicant to imprisonment for 45 years commencing on 22 January 1999, the date of the applicant’s arrest, with a non-parole period of…
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- R v Robinson [2002] NSWCCA 359
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- [2002] NSWCCA 359
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CaseChat Overview and Summary
The court addressed these issues by first noting that while the sentence was severe, it was appropriate given the gravity of the crime and the need to protect the public. The court found no error in the sentencing judge's assessment that Robinson showed no remorse, as it was based on substantial evidence. The court also rejected the argument that the sentence should have been reduced due to the plea of guilty, stating that this was a matter of judicial discretion and did not constitute an error. However, the court found that there was an error in the calculation of the non-parole period, as the sentencing judge did not adequately consider the special circumstances of Robinson's age and the possibility of rehabilitation.
The court concluded that the sentence was not manifestly excessive, but there was an appealable error in the non-parole period. The court quashed the non-parole period and remitted the matter to the sentencing court for reconsideration. The appellant's sentence of 45 years imprisonment with a new non-parole period to be determined by the sentencing court remains in place pending the outcome of the resentencing.
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