R v Zegura

Case [2006] NSWCCA 230


CITATION: R v Zegura [2006] NSWCCA 230
HEARING DATE(S): 28/07/2006
 
JUDGMENT DATE: 

3 August 2006
JUDGMENT OF: McClellan CJ at CL at 1; Kirby J at 2; Hoeben J at 3
DECISION: Appeal allowed. Applicant re-sentenced.
CATCHWORDS: Sentence appeal - Crown appeal - need to give reasons for departing from standard non-parole period s54B(4) Crimes (Sentencing Procedure) Act 1999 - discretion of sentencing judge in determining what is a mid-range offence - inadequate accumulation - restraint to be exercised in Crown appeal.
LEGISLATION CITED: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Prevention of Cruelty to Animals Act, 1979
CASES CITED: R v Mills [2005] NSWCCA 175 at [49]
R v Walker [2005] NSWCCA 109
R v Way (2004) 60 NSWLR 168
PARTIES: Crown - Applicant
Anto Zegura - Respondent
FILE NUMBER(S): CCA 2006/540
COUNSEL: Ms J Girdham - Applicant Crown
Mr C Craigie SC - Respondent
SOLICITORS: S Kavanagh, Solicitor for Public Prosecutions - Applicant Crown
Steve O'Connor, Solicitor for the Legal Aid Commission of NSW - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/11/0098
LOWER COURT JUDICIAL OFFICER: Hosking DCJ
LOWER COURT DATE OF DECISION: 16/12/2005


                          2006/540

                          McCLELLAN CJ at CL
                          KIRBY J
                          HOEBEN J

                          Thursday, 3 August, 2006
REGINA v Anto ZEGURA
JUDGMENT

1 McCLELLAN CJ at CL: I agree with Hoeben J.

2 KIRBY J: I agree with Hoeben J.

3 HOEBEN J:

      Offences and sentences
      On 16 December 2005 the respondent was sentenced by Judge Hosking SC in respect of the following offences:
      Indictment 1 - That on 17 March 2003 at Peakhurst the respondent did wound Angela Blake with intent to murder her, contrary to s27 of the Crimes Act (1900) (maximum penalty imprisonment for 25 years, standard non-parole period 10 years).

      Indictment 2 - That on 17 March 2003 at Peakhurst the respondent did maliciously destroy by means of fire a property at 25A Belmore Road, Peakhurst contrary to s195(b) Crimes Act 1900 (maximum penalty imprisonment for 10 years).

      His Honour had regard to the following offence by way of a Form 1 when sentencing in respect to the attempted murder count:

      That on 17 March 2003 the respondent committed an act of aggravated cruelty upon an animal contrary to s6(1) of the Prevention of Cruelty to Animals Act , 1979 (maximum penalty imprisonment for 2 years).

4 His Honour imposed the following sentences:

      Indictment 1 – For the offence of wound with intent to murder, imprisonment for a non-parole period of 6 years to commence on 18 September 2003 and to expire on 17 September 2009 with a balance of term of 2 years and 6 months to expire on 17 March 2012.

      Indictment 2 - For the offence of maliciously destroy property by fire, imprisonment for a fixed term of 18 months to commence on 18 March 2003 and to expire on 17 September 2004.

      Allowing for the partial accumulation, the effective sentence was a non-parole period of 6 years and 6 months with a head sentence…

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R v Zegura [2006] NSWCCA 230
Case
[2006] NSWCCA 230
Decision Date

CaseChat Overview and Summary

The case before the court was an appeal by the Crown against the sentence imposed on the respondent, Zegura. The issue at hand was whether the sentence was manifestly inadequate, with the Crown arguing that the sentence should be increased. The respondent had pleaded guilty to a range of charges, including assault occasioning actual bodily harm, deprivation of liberty, and false imprisonment. The court was required to determine whether the sentence imposed was manifestly inadequate and, if so, what the appropriate sentence should be.

The court considered the factors set out in section 54B(4) of the Crimes (Sentencing Procedure) Act 1999, including the seriousness of the offence, the culpability of the offender, and the need for deterrence. The court noted that the respondent had a history of violence and had shown a lack of remorse for his actions. However, the court also noted that the respondent had pleaded guilty and had shown some level of co-operation with the authorities. The court concluded that the sentence imposed was not manifestly inadequate and that there was no need to exercise the Crown's discretion to appeal.

The court emphasised the importance of restraint in Crown appeals and noted that the sentencing judge had exercised their discretion in determining what was a mid-range offence. The court also noted that the sentencing judge had considered the factors set out in the Act and had given reasons for departing from the standard non-parole period. The court concluded that there was no basis for the Crown to appeal the sentence and dismissed the appeal.

No specific orders were made by the court. However, the court's decision to dismiss the Crown's appeal effectively upheld the sentence imposed on the respondent by the sentencing judge.

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

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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