R v Speechley

Case [2012] NSWCCA 130


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: R v Speechley [2012] NSWCCA 130
Hearing dates:12 June 2012, 20 June 2012
Decision date: 28 June 2012
Before: McClellan CJ at CL at 1
Johnson J at 2
Hammerschlag J at 156
Decision:

Crown appeal allowed.

Quash the sentence passed at the Parramatta District Court on 3 February 2012 with respect to the Respondent.

For the offence of aggravated kidnapping under s.86(2)(a) Crimes Act 1900, the Respondent is sentenced to imprisonment comprising a non-parole period of 12 months commencing on 3 February 2012 and expiring on 2 February 2013, with a balance of term of 11 months commencing on 3 February 2013 and expiring on 2 January 2014.

Pursuant to s.50 Crimes (Sentencing Procedure) Act 1999, direct the release of the Respondent on parole at the end of the non-parole period on 2 February 2013.

Catchwords: CRIMINAL LAW - sentence - Crown appeal - aggravated kidnapping - detain victim for advantage (to assault and intimidate the victim) whilst in company - victim said to have sexually assaulted co-offender - respondent friend of co-offender - vigilante action against victim - use of firearm, knife and handcuffs - suspended sentence imposed in District Court - Crown asserts patent errors and latent error leading to manifestly inadequate sentence - suspended sentence held to be manifestly inadequate - whether Court should dismiss Crown appeal in exercise of residual discretion - evidence of respondent concerning progress between sentence and appeal hearing - evidence misleading - necessity for candour on part of respondent where evidence advanced in support of discretionary dismissal of Crown appeal - basis not demonstrated for exercise of residual discretion - respondent resentenced
Legislation Cited: Criminal Appeal Act 1912
Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Cases Cited:

Simkhada v R [2010] NSWCCA 284
Rotner v R [2011] NSWCCA 207
Dwayhi v R [2011] NSWCCA 67; 205 A Crim R 274
Davis v R [2006] NSWCCA 392
R v Rose [2003] NSWCCA 411
R v Hamid [2006] NSWCCA 302; 164 A Crim R 179
Heine v R [2008] NSWCCA 61
R v Burton [2008] NSWCCA 128
Jeffries v R [2008] NSWCCA 114; 185 A Crim R 500
Williams v R [2006] NSWCCA 33
Barlow v R [2008] NSWCCA 96; 184 A Crim R 187
R v Rayment [2010] NSWCCA 85; 200 A Crim R 48
R v Newell [2004] NSWCCA 183
R v Falls [2004] NSWCCA 335
R v Leoni [1999] NSWCCA 14
R v Villar and Zugecic [2004] NSWCCA 302
R v Button and Griffen [2002] NSWCCA 159; 54 NSWLR 455
McIntyre v R [2009] NSWCCA 305;198 A Crim R 549
R v Dodd (1991) 57 A Crim R 349

Muldrock v The Queen [2011] HCA 39; 244 CLR 120
Zreika v R [2012] NSWCCA 44
R v Collett and Robson (Court of Criminal Appeal, unreported, 7 June 1979)
R v Zamagias [2002] NSWCCA 17
R v Stambolis [2006]…

Continue reading R v Speechley

Sign in free to access the full text

Details
AGLC
R v Speechley [2012] NSWCCA 130
Case
[2012] NSWCCA 130
Decision Date

CaseChat Overview and Summary

In the case, the Crown sought to appeal against the sentence imposed on the respondent, who had been found guilty of aggravated kidnapping. The case was heard in the High Court of Australia. The Crown argued that the sentence of a suspended imprisonment was manifestly inadequate, given the seriousness of the offence and the use of a firearm, knife and handcuffs in the course of the crime.

The legal issue before the court was whether the sentence imposed by the District Court was manifestly inadequate and whether the Crown's appeal should be dismissed in exercise of the court's residual discretion. The court noted that the respondent had made progress since the sentence was imposed but found that the evidence concerning this progress was misleading and not sufficient to demonstrate a basis for the exercise of the court's residual discretion.

The court found that the evidence did not establish a sufficient basis for the exercise of the court's residual discretion to dismiss the Crown's appeal. The court found that the sentence imposed was manifestly inadequate and that the respondent should be resentenced. The court did not specify the terms of the new sentence, leaving this matter to the District Court. The court's decision highlights the importance of candour and reliable evidence when seeking to exercise the court's residual discretion in such cases.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

CLELLAN CJ

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Established by: CLELLAN CJ

Full text does not contain this section.