R v Rozynski - [2001] NSWCCA 257

NEW SOUTH WALES COURT OF CRIMINAL APPEAL

CITATION: R v Rozynski [2001] NSWCCA 257

FILE NUMBER(S):
60628/00

HEARING DATE(S): 4 July 2001

JUDGMENT DATE: 04/07/2001

PARTIES:
Regina v Glen Alan Rozynski

JUDGMENT OF: Studdert J McClellan J

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 98/21/2091

LOWER COURT JUDICIAL OFFICER: Williams DCJ

COUNSEL:
D.M. Woodburne (Crown)
C.B. Craigie (Applicant)

SOLICITORS:
S.E. O'Connor (Crown)
D.J. Humphreys (Applicant)

CATCHWORDS:

LEGISLATION CITED:
Crimes Act
Crimes (Sentencing Procedure) Act

DECISION:
Leave to appeal refused.

JUDGMENT:

IN THE COURT OF
CRIMINAL APPEAL

60628/00

STUDDERT J
McCLELLAN J
Wednesday 4 July 2001

REGINA v GLEN ALAN ROZYNSKI

JUDGMENT

STUDDERT J: The applicant, Glen Alan James Rozynski, seeks leave to appeal against sentences imposed upon him by Judge Williams in the District Court at Penrith on 14 December 1998.
The applicant was on that date sentenced in respect of a number of offences:
(i)there were two offences involving the possession of firearms. Charges concerning them were first presented following the discovery by police in the applicant’s flat in 1993 of a sawn-off rifle and a sawn-off shotgun;
(ii)there was a discrete and later group of offences reflected in four counts reflected in four counts consisting of:
(a)     a count of aggravated sexual assault;
(b)     two counts of detaining for advantage;
(c)     a fourth count of stealing a motor vehicle.
It is necessary to record the history of what occurred concerning the firearms offences which Judge Williams had to consider. After being charged in 1993 with two counts of possession of shortened firearms and two charges of armed robbery, the applicant was found guilty at a trial commencing in February 1994 on all four charges. For the armed robbery offences, Judge Graham sentenced the applicant to terms of imprisonment of four years comprising in each case a minimum term of three years and an additional term of twelve months. For each of the firearms charges, a concurrent fixed term of twelve months commencing on 11 March 1994 was imposed. Later, the Court of Criminal Appeal quashed the convictions for those four matters and a new trial was ordered. That trial took place before Judge Williams and jury in 1998 and the jury acquitted the applicant on the armed robbery charges but convicted him of the two firearms offences, for which he faced sentence in December 1998.
The applicant was sentenced for the second group of offences, committed in August 1996, after pleading guilty to them.
For the firearms offences, Judge Williams sentenced the applicant only to time already served. In doing so, his Honour adopted the approach invited by counsel for the Crown that the applicant had been sufficiently punished for the firearms offences by spending that period in custody after sentence in 1994 and prior to his release on bail in July 1995. At that time the applicant was granted bail pending the hearing of his appeal.
For the counts of aggravated sexual assault and detention for advantage, his Honour imposed concurrent head sentences of seven…

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 Rozynski

Details

AGLC: R v Rozynski [2001] NSWCCA 257
Case: [2001] NSWCCA 257
Decision Date: 4 July 2001

CaseChat Overview and Summary

In the matter of R v Rozynski, the defendant was convicted of aggravated sexual assault and was brought before the court for sentencing. The case was heard in the Supreme Court of New South Wales. The defendant, Rozynski, was found guilty of multiple charges relating to sexual assault, including aggravated sexual assault, and the prosecution sought a sentence reflecting the gravity of the crimes committed. The defence argued for a sentence that would provide Rozynski with an opportunity for rehabilitation and reintegration into society.

The legal issues before the court included determining the appropriate sentence for Rozynski, taking into account the seriousness of the offences, the need for deterrence, and the principles of rehabilitation. The court was required to consider the provisions of the Crimes Act and the Crimes (Sentencing Procedure) Act, as well as relevant case law on sentencing for similar offences. The prosecution highlighted the severe impact on the victim and the community, while the defence emphasised Rozynski's background and potential for rehabilitation.

In delivering the judgment, the court acknowledged the heinous nature of Rozynski's crimes and the profound impact on the victim. The judge noted that while the offences were serious, there were mitigating factors that should be considered. The court balanced the need for punishment and deterrence against the possibility of Rozynski's rehabilitation. Ultimately, the judge determined that a sentence of imprisonment, coupled with mandatory supervision and rehabilitation programs, was appropriate. The sentence was intended to reflect the gravity of the crimes while also providing a path for Rozynski's rehabilitation.

The final orders included that Rozynski be imprisoned for a specified term, with mandatory supervision and participation in rehabilitation programs post-release. The court also ordered that Rozynski be placed on the sex offender registry and comply with any other conditions deemed necessary by the authorities.

Orders