SUPREME COURT OF SOUTH AUSTRALIA
(Court of Criminal Appeal)
R v SYKES
[2017] SASCFC 59
Judgment of The Court of Criminal Appeal
(The Honourable Justice Vanstone, The Honourable Justice Blue and The Honourable Justice Parker)
31 May 2017
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - GENERALLY
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON
CRIMINAL LAW - APPEAL AND NEW TRIAL - INTERFERENCE WITH DISCRETION OR FINDING OF JUDGE - GENERAL PRINCIPLES
The appellant pleaded guilty to aggravated serious criminal trespass in a place of residence, aggravated kidnapping, aggravated threaten life, aggravated indecent assault, aggravated assault causing harm, two counts of aggravated threaten harm, and threaten harm. Appellant was sentenced to 15 years imprisonment reduced by 30% in recognition of guilty plea, resulting in a head sentence of ten years and six months. The appellant also pleaded guilty to breach of the intervention order. For the breach of the intervention order appellant was sentenced to one year imprisonment reduced by 40% in recognition of guilty plea, resulting in a head sentence of seven months imprisonment. The two sentences were made cumulative so that the appellant was sentenced to a total of 11 years and one month imprisonment with a six year non-parole period.
Appellant submitted that the head sentence was manifestly excessive, the non-parole period was manifestly excessive, that the sentencing judge had inadequate regard to matters personal to the appellant and placed too much weight on the need for general and personal deterrence.
Held, per Parker J (Vanstone J and Blue J agreeing), dismissing the appeal:
1. It follows from the decision of this Court in R v Lutze (2014) 121 SASR 144 that adopted the comments of the Chief Justice in Police v Chilton (2014) 120 SASR 32 that the complaints of inadequate weight and excessive weight do not point to an appellable error and cannot succeed.
2. The sentencing judge took into account all relevant matters personal to the appellant including the fact he had not previously been convicted, his age and work history and his statement of remorse. These subjective considerations were weighted by the judge against the objective circumstances of offending. There was no process error.
3. The head sentence was within the range available to the judge. The sentence was not manifestly excessive.
4. The non-parole period sufficiently reflected the appellant’s lack of a criminal record and his good work history. The non-parole period was not manifestly excessive.
Criminal Law (Sentencing) Act 1988 s 18A, referred to.
Police v Chilton (2014) 120 SASR 32; R v Jackson [2007] SASC 332; R v Lutze (2014) 121 SASR 144; R v Siviour [2016] SASCFC 51, discussed.
R v SYKES
[2017] SASCFC 59Court of Criminal Appeal: Vanstone, Blue and Parker JJ
VANSTONE J: I would dismiss the appeal for the reasons written by Parker J.
BLUE J: I agree with Parker J.
PARKER J: This is an appeal against sentence.…
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- R v Sykes [2017] SASCFC 59
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- [2017] SASCFC 59
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CaseChat Overview and Summary
The primary legal issue before the Full Court was whether the non-parole period of six years, which represented approximately 54% of the total sentence of 11 years and one month, was manifestly excessive. This involved considering whether the sentencing judge had adequately taken into account Mr Sykes' lack of a criminal record and his good work history, while also balancing these factors against the seriousness of the offending and concerns regarding rehabilitation and community safety.
The Court found that the sentencing judge had indeed considered Mr Sykes' personal circumstances, including his lack of prior convictions and positive work history. However, these mitigating factors were weighed against the gravity of the offences and the need to protect the community. The Court concluded that the non-parole period was not demonstrably excessive in light of these considerations.
Consequently, the appeal was dismissed on all grounds.
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