R v Taber and Styman; Re Shannon Styman - [2005] NSWSC 1329

CITATION:
R v Taber & Styman; Re Shannon Styman [2005] NSWSC 1329

HEARING DATE(S): 9 December 2005

JUDGMENT DATE :

16 December 2005

JURISDICTION:
Common Law Division
Criminal List

JUDGMENT OF:
Studdert J

DECISION:
The contemnor is sentenced to imprisonment for a period of twelve months commencing 25 March 2011 and to expire on 24 March 2012. I decline to set a non parole period.

LEGISLATION CITED:
Crimes (Sentencing Prcoedure) Act
Evidence Act, s 65

CASES CITED:
Attorney General v Whiley (1993) 31 NSWLR 314
Principal Registrar of the Supreme Court of New South Wales v Drollett [2002] NSWSC 490
Principal Registrar of the Supreme Court of New South Wales v Jando (2001) 53 NSWLR 527
Registrar of the Court of Appeal v Raad (unreported, Kirby P, 9 June 1992)
Smith v The Queen (1991) 25 NSWLR 1
Wood v Staunton (No. 5) (1995) 86 A Crim R 183

PARTIES:
R v Shannon Styman

FILE NUMBER(S):
SC 2002/118; 2002/120

COUNSEL:
A. Robertson (Crown)
P. Young SC (Contemnor)

SOLICITORS:
Office of the Director of Public Prosecutions (Crown)
Nikola Velcic & Associates (Contemnor)

LOWER COURT JURISDICTION:

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
CRIMINAL LIST

STUDDERT J

Friday 16 December 2005

2002/118 REGINA v PETER DAVID TABER
2002/120 REGINA v IAN CRAIG STYMAN

Re: SHANNON STYMAN
SENTENCE

1 HIS HONOUR: When Shannon Styman (“the contemnor”) was before this Court on 9 December 2005, Mr Young of Senior Counsel appeared for him. Mr Young informed the Court that the contemnor pleaded guilty to contempt of court and I proceeded to hear submissions as to the appropriate penalty.

2 Before referring to the evidence introduced by Mr Young, it is necessary to trace the events that brought the contemnor before the Court on 9 December 2005.

3 The contemnor is presently serving sentences imposed by Barr J on 28 February 2003. Barr J sentenced the contemnor on that date to a term of imprisonment of eight years for aggravated robbery and to a term of imprisonment of fourteen years for manslaughter. The sentence for the aggravated robbery offence commenced on 26 March 2001 and the sentence for manslaughter commenced on 26 March 2002. His Honour did not fix a non parole period for the aggravated robbery offence, but fixed a non parole period of nine years for the manslaughter offence. Hence, the contemnor will be eligible for release on parole on 25 March 2011.

4 Those sentences were imposed after the contemnor had stood trial with his uncle, Ian Styman, and Peter Taber charged with the following offences:

(i) the murder of Joy Golbie Alchin;

(ii) breaking and entering the dwelling of Mrs Alchin and committing a serious indictable offence, namely robbery in circumstances of aggravation, namely being in the company of each other and depriving Mrs Alchin of her liberty (aggravated robbery);

5 The contemnor pleaded guilty…

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: [2005] NSWSC 1329
Decision Date: 16 December 2005

CaseChat Overview and Summary

The contemnor, Shannon Styman, was sentenced for contempt of court by Studdert J in the Supreme Court of New South Wales. Styman had pleaded guilty to the charge of contempt in relation to his refusal to testify in the retrial of his co-defendants, Peter Taber and Ian Styman, who were charged with serious offences including murder and aggravated robbery. The legal issues before the court were the seriousness of the contempt, the reasons behind Styman's refusal to testify, and the appropriate sentence to be imposed. The court found the contempt to be very serious as it undermined the administration of justice. Styman's refusal to testify was partly explained by his fear for his safety and that of his family if he were to testify, although this did not excuse his behaviour. The court considered various factors, including the seriousness of the contempt, the contemnor's awareness of the consequences, and the need for deterrence. Styman was sentenced to imprisonment for twelve months, commencing on 25 March 2011, without setting a non-parole period.

Orders