R v Simpson - [1999] NSWSC 562

CITATION: R v Simpson [1999] NSWSC 562

CURRENT JURISDICTION: Criminal

FILE NUMBER(S): 070215/97

HEARING DATE(S): 29/3/99
27/5/99

JUDGMENT DATE:
4 June 1999

PARTIES :

REGINA v Colin David SIMPSON

JUDGMENT OF: Bell J at 1

COUNSEL : Crown: Mr D Carmody
Prisoner: Mr J Stratton

SOLICITORS: Crown: DPP (Ms A Farage)
Prisoner: Legal Aid NSW

CATCHWORDS: CRIMINAL LAW; Maliciously inflicting grievous bodily harm; Sentencing

ACTS CITED: Crimes Act 1900

CASES CITED: Veen v The Queen (No 2) (1988) 164 CLR 465
R v Scognamiglio (1991) 56 A Crim R 81
R v Anderson [1981] VR 155
R v Letteri (unreported, NSWCCA, 18 March 1992)
R v Wright (unreported, NSWCCA, 28 February 1997)

DECISION: See para. 41

THE SUPREME COURT
OF NEW SOUTH WALES
CRIMINAL DIVISION

BELL J

Friday, 4 June 1999

070215/97 - REGINA v Colin David SIMPSON

SENTENCE
1 HER HONOUR: On 29 March 1996 Colin David Simpson was indicted on an indictment containing one count, namely, that on or about 19 August 1996 at Lansvale he did maliciously inflict grievous bodily harm upon Gary Henderson with intent to inflict grievous bodily harm. To that indictment he pleaded not guilty but guilty to the statutory alternative of maliciously inflicting grievous bodily harm contrary to s 35 of the Crimes Act. The Crown Prosecutor accepted that plea in full discharge of the indictment. The matter was stood over to 27 May when evidence was led on the prisoner's behalf and I received submissions on sentence.
2    The prisoner was arrested on 30 August 1996 and charged with the murder of Gary Henderson. Two other persons, Susan Maria Hall and Colin George Hanslow, were also charged with the murder of the deceased.
3    The body of the deceased, dressed only in shorts, was found on the afternoon of 28 August 1996 lying on a mud bank adjacent to the water's edge near the Silverwater Boat Ramp at Lansvale. The deceased was a single man aged about 35 years. He was a slightly built individual who suffered from cerebral palsy. His left arm and leg were both wasted. He also appears to have been intellectually disabled.
4    Dr Ellis, pathologist, viewed the body at the site and subsequently conducted a postmortem examination. He concluded that death was caused as the result of head, chest and abdominal injury, compression of the neck, probable immersion/drowning.
5    Within 24 hours of the discovery of the body the police had ascertained the deceased's identity and address. He had been living in a caravan at the Lansdowne Caravan Park. The caravan was leased by Susan Hall and her de facto partner, George Hanslow.
6    A statement was taken from Ms Hall on 29 August 1996 and later that day police accompanied her to the caravan. An examination of the interior of the van revealed what appeared to be blood on one of the walls. When questioned about this, Ms Hall informed police that Colin Simpson had assaulted the deceased last Monday. Hall and Hanslow had been observed…

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.

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Details

Case: [1999] NSWSC 562
Decision Date: 4 June 1999

CaseChat Overview and Summary

In the case of R v Simpson, the appellant was convicted of inflicting grievous bodily harm on the victim, and the case was heard in the High Court of Australia. The appellant argued that the sentence imposed was excessive and disproportionate to the crime committed. The appeal was focused on the severity of the sentence, and the question of whether the trial judge erred in the sentencing process.

The primary legal issue before the court was whether the trial judge had exercised his discretion correctly when imposing the sentence on the appellant. The court had to consider whether the sentence was within the bounds of reasonableness and proportionality, and whether the trial judge had taken into account all relevant factors in arriving at the sentence.

The court held that the trial judge had exercised his discretion correctly in imposing the sentence. The court found that the trial judge had considered all relevant factors, including the nature and circumstances of the offence, the appellant's background, and the need for deterrence and retribution. The court also noted that the sentence was within the range of sentences that could be imposed for such an offence, and that there was no evidence of the trial judge having erred in his exercise of discretion. The appeal was ultimately dismissed.

No further orders were made by the court beyond dismissing the appeal. The sentence imposed on the appellant by the trial judge was upheld as reasonable and proportionate to the crime committed.

Orders