R v SDM

Case [2001] NSWCCA 158


Reported Decision:

51 NSWLR 530
127 A Crim R 318

New South Wales


Court of Criminal Appeal

CITATION: Regina v SDM [2001] NSWCCA 158 revised - 8/05/2001
FILE NUMBER(S): CCA 60191/00
HEARING DATE(S): 21 March 2001
JUDGMENT DATE:
4 May 2001

PARTIES :


Crown - Respondent
SDM - Applicant
JUDGMENT OF: Giles JA at 1; Wood CJ at CL at 4; Simpson J at 22
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S) : 99/71/0057
LOWER COURT JUDICIAL
OFFICER :
Shillington DCJ
COUNSEL : R D Cogswell SC with Ms B Baker - Crown
A Haesler - Applicant
SOLICITORS: S E O'Connor - Crown
D J Humphreys - Applicant
CATCHWORDS: Criminal law - sentencing - armed robbery - juvenile - whether manifestly excessive - whether Henry [1999] 46 NSWLR 346 guideline applicable to juvenile offenders - Children (Criminal Proceedings) Act 1987.
LEGISLATION CITED: Children (Criminal Proceedings) Act 1987
CASES CITED:
R v Henry [1999] 46 NSWLR 346
Jack Sua [2000] NSWCCA 94, unreported, 23 February 2000
RLS [2000] NSWCCA 175
Douglas NSWCCA 11 December 1998
Lattouf NSWCCA 12 December 1996
Kable (1995) 36 NSWLR 374
Karacic 2001 NSWCCA 12
R v Ngui and Tiong (2000) 111 A Crim R 593
Walters and JB (2001) NSWCCA 121
Tran (1999) NSWCCA 109
Townsend & Cooper NSW CCA 14 February 1995
Biggs NSWCCA 5 March 1997
Kama [2000] NSWCCA 23, 110 A Crim R 47
GDP (1991) 53 A Crim R 112
Sharbon NSWCCA 5 December 1991
Wilkie NSWCCA 2 July 1992
R v Pham and Ly (1991) 55 A Crim R 128
R Hearne [1999] NSWCCA 605
R Hearne [2001] NSWCCA 37
DECISION: Leave to appeal granted, appeal dismissed.


      IN THE COURT OF
      CRIMINAL APPEAL
                          60191/00
      GILES JA
      WOOD CJ AT CL
                              SIMPSON J

                              4 May 2001
      REGINA v SDM
Judgment

1    GILES JA: I have had the benefit of reading the judgments of Wood CJ at CL and Simpson J in draft.

2    I agree with the observations of Wood CJ at CL in relation to R v Henry (1999) 46 NSWLR 346. In agreement with both their Honours, having regard to the guidelines in R v Henry and the principles particularly applicable in the sentencing of young offenders including those who are in law children, I am not persuaded that the sentence imposed on the appellant was excessive.

3    I agree that leave to appeal should be granted and the appeal should be dismissed.

___________

4    WOOD CJ at CL: In my view the sentence imposed in this case was within a proper range of sentencing discretion, taking into account the objective seriousness of the offence, the subjective circumstances of the applicant, and the special sentencing considerations applicable to young offenders. In this regard I agree with the reasons of Simpson J, and with the orders which she has proposed.

5    It is appropriate to say something more in relation to the applicant’s submission that the guideline judgment in Henry (1999) 46 NSWLR 346 applies only…

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AGLC
R v SDM [2001] NSWCCA 158
Case
[2001] NSWCCA 158
Decision Date

CaseChat Overview and Summary

In the case of R v SDM, the appellant was convicted of armed robbery and the matter came before the court for sentencing. The appellant, a juvenile at the time of the offence, sought to argue that the sentence imposed was manifestly excessive and that the guidelines set out in Henry should not apply to juvenile offenders. The court was tasked with determining whether the sentence was excessive and if the guidelines were applicable to the juvenile offender.

The legal issues before the court were twofold. Firstly, whether the sentence imposed on the appellant was manifestly excessive. Secondly, whether the guidelines set out in Henry should apply to juvenile offenders. The appellant argued that the sentence was manifestly excessive and that the guidelines were not applicable to juvenile offenders due to the provisions of the Children (Criminal Proceedings) Act 1987.

The court found that the sentence imposed on the appellant was not manifestly excessive, as it took into account the appellant's age, background, and the nature of the offence. The court also held that the guidelines set out in Henry were applicable to juvenile offenders, as the Act did not exclude their application. The court found that the sentence imposed was appropriate and within the range of sentences that could be imposed on an adult offender.

No further orders were made by the court.

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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