R v UG

Case [2020] ACTCA 8


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL

Case Title:

R v UG

Citation:

[2020] ACTCA 8

Hearing Date:

4 February 2020

DecisionDate:

4 February 2020

ReasonsDate:

27 February 2020

Before:

Murrell CJ, Burns and Mossop JJ

Decision:

Appeal dismissed. See [84] and [97].

Catchwords:

APPEAL – CRIMINAL LAW – Appeal on sentence – Whether sentences manifestly inadequate – Whether reasons inadequate – Effect of sentence on family – Accumulation – Approach to sentencing family violence offences – Partly suspended sentence – Discretion to resentence

Legislation Cited:

Crimes (Sentencing) Act 2005 (ACT) pt 3.2, ss 6, 7, 12, 33, 34(2), Dictionary

Crimes Act 1900 (ACT) ss 26, 32(1), 381(1)
Criminal Code 2002 (ACT) ss 403(1)
Family Violence Act 2016 (ACT)
Human Rights Act2004 (ACT)
Road Transport (Safety and Traffic Management) Act 1999 (ACT) s 7(1)

Supreme Court Act 1933 (ACT) s 37O

Cases Cited:

Bugmy v The Queen [2013] HCA 37; 249 CLR 571

Chin-Charles v The Queen [2019] EWCA Crim 1140
CMB v Attorney General for New South Wales [2015] HCA 9; 256 CLR 346
Cotter v Corvisy [2008] ACTSC 64; 1 ACTLR 299
Craft v Diebert [2004] ACTCA 15
Dalton v The Queen [2015] ACTCA 48
Director of Public Prosecutions (Cth) v Omar [2019] VSCA 188
Director of Public Prosecutions v Ristevski [2019] VSCA 287
Green v The Queen; Quinn The Queen [2011] HCA 49; 244 CLR 462
Henry v The Queen [2019] ACTCA 5
Lowndes v The Queen [1999] HCA 29; 195 CLR 665
O’Brien v The Queen [2015] ACTCA 47
R v Cage [2006] NSWCCA 304
R v De Simoni (1981) 147 CLR 383
R v Duffy [2014] ACTCA 53; 297 FLR 359
R v HC [2018] ACTSC 49
R v Kilic [2016] HCA 48; 259 CLR 256
R v Lee [2017] ACTCA 30
R v Nicholas; R v Palmer [2019] ACTCA 36
R v Rappel [2019] ACTCA 11
R v TW [2011] ACTCA 25; 6 ACTLR 18
R v UG [2019] ACTSC 290

Taylor v The Queen [2014] ACTCA 9

Parties:

The Queen (Appellant)

UG (Respondent)

Representation:

Counsel

S Saikal-Skea (Appellant)

M Jones (Respondent)

Solicitors

ACT Director of Public Prosecutions (Appellant)

Kamy Saeedi Law (Respondent)

File Number(s):

ACTCA 49 of 2019

Decision under appeal: 

Court/Tribunal:             ACT Supreme Court

Before:  Elkaim J

Date of Decision:          16 October 2019

Case Title:  R v UG

Citation: [2019] ACTSC 290

THE COURT

The appeal

  1. The Crown appealed against sentences imposed on the respondent by Elkaim J (the sentencing judge), asserting that the sentencing judge had failed to properly assess the objective seriousness of the offending conduct and that the sentences were manifestly inadequate: R v UG [2019] ACTSC 290 (UG). 

  1. On 4 February 2020, we dismissed the appeal and advised that reasons would be given at a later date.  These are our reasons.

  1. The offences were committed on 9 March 2019.  On 10 March 2019, the respondent was arrested.  He was charged with eight…

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AGLC
R v UG [2020] ACTCA 8
Case
[2020] ACTCA 8
Decision Date

CaseChat Overview and Summary

The appeal concerned the adequacy of sentences imposed on the respondent, UG, for a series of family violence offences. The Crown appealed against the sentences, arguing they were manifestly inadequate. The appeal was heard by Murrell CJ, Burns and Mossop JJ.

The central legal issues before the Court of Appeal were whether the sentences imposed were so inadequate as to be manifestly unjust, whether the sentencing judge’s reasons for imposing those sentences were insufficient, and how the court should approach the sentencing of family violence offences, particularly in relation to the accumulation of sentences and the potential for partly suspended sentences, considering the effect of the sentence on the offender's family.

The Court of Appeal considered the principles of sentencing for family violence offences, noting the need for sentences to reflect the seriousness of such conduct and to deter future offending. The judges reviewed the sentencing judge's reasons and the specific circumstances of the case, including the impact on the victim and the offender's family. They applied established sentencing principles, balancing the need for punishment and deterrence with considerations of rehabilitation and the offender's personal circumstances. The Court ultimately found that the sentences, while perhaps lenient, were not so inadequate as to warrant intervention on appeal.

The appeal was dismissed, with the Court of Appeal upholding the original sentences imposed on UG.

Orders

Orders of the court

Appeal dismissed. See [84] and [97].

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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