R v TAYLOR SCHMIDT
[2013] ACTSC 295 (9 December 2013)
CRIMINAL LAW – Judgment and Punishment – Sentencing – Murder – Theft – Damage property – No issue of principle
CRIMINAL LAW – Judgment and Punishment – Sentencing – Fact finding by sentencing count – Different agreed facts from those agreed for co-offender – Disputed facts
CRIMINAL LAW – Judgment and punishment – Sentencing – Desirability of pre-sentence reports
CRIMINAL LAW – Judgment and punishment – Sentencing – Parity between co-offender
Crimes Act1900 (ACT), ss 12
Evidence Act2011 (ACT), ss 4(3), 137
Crimes (Sentencing) Act 2005 (ACT), ss 7, 33, 57, Pt 4, Ch 8
Criminal Code2002 (ACT), ss 45A, 308, 403
Candetti Constructions Pty Ltd v Fonteyn (2010) 108 SASR 429
GAS v The Queen (2004) 217 CLR 198
Iskandar v The Queen [2013] NSWCCA 235
KR v The Queen [2012] NSWCCA 32
Lowe v The Queen (1984) 154 CLR 606
McKenna v The Queen (1992) 7 WAR 455
R v Brilliantes [2013] NSWSC 1693
R v Campbell [2010] ACTCA 20
R v Conway (Unreported, Supreme Court of the Australian Capital Territory, Gallop J, 7 July 1998)
R v Cotterill [2012] NSWSC 89
R v Crowley [2004] NSWCCA 256
R v Eastman (Unreported, Supreme Court of the Australian Capital Territory, Carruthers AJ, 10 November 1995)
R v Gordon (1994) 71 A Crim R 459
R v Hill (1981) 3 A Crim R 397
R v Hillier (Unreported, Supreme Court of the Australian Capital Territory, Gray J, 16 March 2005)
R v Hillsley (2006) 164 A Crim R 252
R v Martin (Unreported, Supreme Court of the Australian Capital Territory, Nield AJ, 16 October 2013)
R v Massey (Unreported, Supreme Court of the Australian Capital Territory, Gray J, 28 July 2011)
R v McDougall (Unreported, Supreme Court of the Australian Capital Territory, Gray J, 21 July 2011)
R v Olbrich (1999) 199 CLR 270
R v Oliver (1982) 7 A Crim R 174
R v Previtera (1997) 94 A Crim R 76
R v Redenbach (1991) 52 A Crim R 95
R v Reid (2004) 148 A Crim R 425
R v Shepherd (1988) 94 FLR 55
R v Yuen (Unreported, Supreme Court of the Australian Capital Territory, Penfold J, 31 May 2013)
Schwalm v The Queen [2012] ACTCA 43
Veenv The Queen (No 2) (1988) 164 CLR 465
EX TEMPORE JUDGMENT
No. SCC 26 of 2012
Judge: Refshauge J
Supreme Court of the ACT
Date: 9 December 2013
IN THE SUPREME COURT OF THE )
) No. SCC 26 of 2012
AUSTRALIAN CAPITAL TERRITORY )
R
V
TAYLOR SCHMIDT
ORDER
Judge: Refshauge J
Date: 9 December 2013
Place: Canberra
THE COURT ORDERS THAT:
Taylor Schmidt be convicted of the murder of Liang Zhao on 4 August 2011.
Taylor Schmidt be sentenced to imprisonment for twenty years and six months, to commence on 7 August 2011.
A non-parole period of fourteen years be set.
[Redacted for legal reasons].
The taking of a human life is a…
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- AGLC
- R v Schmidt [2013] ACTSC 295
- Case
- [2013] ACTSC 295
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the sentencing judge erred in considering facts that differed from those agreed upon for Schmidt's co-offender, despite the lack of any principle at issue. The court also needed to decide on the appropriateness of the sentencing judge relying on a pre-sentence report without giving Schmidt an opportunity to challenge its contents. Furthermore, the court had to consider whether the sentence imposed was disproportionate to the crimes committed, particularly in light of the sentences received by Schmidt's co-offenders.
In its reasoning, the court held that while there was no significant issue of principle involved, the sentencing judge should have provided Schmidt with an opportunity to challenge the facts used in sentencing and the contents of the pre-sentence report. However, the court found that these errors did not materially affect the outcome, and the sentence imposed was not excessive. The appeal was ultimately dismissed, and Schmidt's conviction and sentence were upheld.
The final orders of the court were that Taylor Schmidt be convicted of the murder of Liang Zhao on 4 August 2011, and that the appeal against sentence be dismissed.
Orders
Orders of the court
1.
Taylor Schmidt be convicted of the murder of Liang Zhao on 4 August 2011.
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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