SUPREME COURT OF SOUTH AUSTRALIA
(Court of Criminal Appeal)
R v STEVENS
[2008] SASC 170
Judgment of The Court of Criminal Appeal
(The Honourable Chief Justice Doyle, The Honourable Justice Duggan and The Honourable Justice Anderson)
3 July 2008
CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - JUDGMENT AND PUNISHMENT - SENTENCE - FACTORS TO BE TAKEN INTO ACCOUNT
CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEAL BY ATTORNEY-GENERAL OR OTHER CROWN LAW OFFICER
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - PENALTIES - TRAFFICKING, TRADING, SELLING, SUPPLYING OR DISTRIBUTING
Application by Director of Public Prosecutions for permission to appeal against sentence - respondent pleaded guilty to two charges of possessing methylamphetamine for sale, five charges of selling methylamphetamine and a charge of producing cannabis - occasions of sale not isolated incidents but part of a course of conduct - single head sentence imposed of imprisonment for three years with a non-parole period of 18 months - sentence suspended - whether sentence manifestly inadequate - whether sentencing judge erred in deciding to suspend sentence.
Held: Judge erred in suspending sentence by giving too much weight to respondent's personal circumstances and inadequate weight to circumstances of offence and requirement of deterrence - moderate head sentence and non-parole period justified - permission to appeal granted, appeal allowed and order suspending sentence set aside.
Criminal Law (Sentencing) Act 1988 38(1), referred to.
R v Mangelsdorf (1995) 66 SASR 60; R v Ford (2008) 100 SASR 94; Dinsdale v The Queen (2000) 202 CLR 321; Police v Cadd & Ors (1997) 69 SASR 150; R v Sladic (2005) 92 SASR 36; R v Becker (2005) 91 SASR 498; Everett v The Queen (1994) 181 CLR 295, considered.
R v STEVENS
[2008] SASC 170Court of Criminal Appeal: Doyle CJ, Duggan and Anderson JJ
DOYLE CJ and ANDERSON J: We agree with the orders proposed by Duggan J and with his reasons. We emphasise the following aspects of the matter. The respondent was employed in a responsible position as a security officer at a nightclub. There is a known problem with, and reason for concern about, the availability of drugs at such venues. Cases coming before the courts indicate that the use of methylamphetamine is increasing and that nightclubs have become a source for this drug. When it becomes known to the public that someone in a responsible position at such a venue is a willing source for the purchase of drugs, there is cause for substantial concern. As well, the present offences were committed against a background of regular dealing in drugs.
The circumstances of this case make it important that the aspect of public deterrence is emphasised in the sentence imposed. It would send the wrong message to the public, and to those involved in the management of nightclubs, if the suspended sentence was allowed to stand.
In the circumstances…
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- R v Stevens [2008] SASC 170
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- [2008] SASC 170
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CaseChat Overview and Summary
The court was required to determine whether the sentence was manifestly inadequate and whether the sentencing judge erred by giving too much weight to the respondent's personal circumstances and insufficient weight to the nature of the offences and the need for deterrence. The court considered the nature and extent of the offending, the role of the respondent in the commission of the offences, and the need for general deterrence.
The court found that the judge erred in suspending the sentence by placing excessive emphasis on the respondent's personal circumstances and insufficient emphasis on the circumstances of the offence and the need for deterrence. The court held that a moderate head sentence and non-parole period were justified. The court granted permission to appeal, allowed the appeal, and set aside the order suspending the sentence.
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
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Ratio Decidendi
Legal Principle Established
Established by: DOYLE CJ
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