Rae v R

Case [2019] NSWCCA 284


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Rae v R [2019] NSWCCA 284
Hearing dates: 1 November 2019
Date of orders: 11 December 2019
Decision date: 11 December 2019
Before: Macfarlan JA at [1]
Harrison J at [2]
Cavanagh J at [48]
Decision:

(1)   Grant leave to appeal.
(2)   Allow the appeal.
(3)   Quash the sentence imposed upon Mr Rae by Ellis DCJ on 17 August 2017.
(4)   Remit the matter to Ellis DCJ for sentence, or another judge of the District Court if his Honour is not available.
(5)   Direct that the matter be placed in the District Court arraignments list on 20 December 2019.

Catchwords: CRIME – appeal – appeal against sentence – where applicant pleaded guilty to being an accessory after the fact to aggravated break, enter and steal – where applicant sentenced to a term of 4 years and 8 months imprisonment with a non-parole period of 3 years – whether miscarriage of justice arose because of omission by applicant’s legal representatives to place evidence of applicant’s history of mental illness before the District Court – where miscarriage of justice arose because sentencing judge did not have relevant evidence before him – appeal allowed – whether matter should be remitted for sentence
Legislation Cited: Crimes Act 1900 (NSW), s 112(2)
Criminal Appeal Act 1912 (NSW), s 6(3)
Cases Cited: Alkhair v R [2016] NSWCCA 4
Betts v The Queen (2016) 258 CLR 420; [2016] HCA 25
Gallagher v The Queen (1986) 160 CLR 392; [1986] HCA 26
Goodwin v R (1990) 51 A Crim R 328
Many v R (1990) 51 A Crim R 54
Pym v R [2014] NSWCCA 182
R v Abbott (1985) 17 A Crim R 355
R v Abou-Chabake [2004] NSWCCA 356
R v Diab [2005] NSWCCA 64
R v Fordham (1997) 98 A Crim R 359
R v Hemsley [2004] NSWCCA 228
Ratten v The Queen (1974) 131 CLR 510
Category:Principal judgment
Parties: Benjamin Thomas Rae (Applicant)
Crown (Respondent)
Representation:

Counsel:
J Paingakulam (Applicant)
B Baker (Respondent)

  Solicitors:
Legal Aid Commission of NSW (Applicant)
Office of the Director of Public Prosecutions (Respondent)
File Number(s): 2017/18887
Publication restriction: Nil
 Decision under appeal 
Court or tribunal:
District Court
Jurisdiction:
Criminal
Date of Decision:
17 August 2018
Before:
Ellis DCJ
File Number(s):
2017/18887

Judgment

  1. MACFARLAN JA: I agree with Harrison J.

  2. HARRISON J: Benjamin Thomas Rae pleaded guilty on 11 April 2018 in the Newcastle Local Court to one count of being an accessory after the fact to an aggravated break, enter and steal offence pursuant to s 112(2) of the Crimes Act 1900. On 17 August 2018, Mr Rae was re-arraigned before Ellis DCJ in the District Court at Newcastle on an indictment and maintained his plea. He was then sentenced to a term of 4 years and 6 months imprisonment with a non-parole period of 3 years commencing on 4 July 2018 and expiring on 3 July 2021. The maximum penalty…

Continue reading Rae v R

Sign in free to access the full text

Details
AGLC
Rae v R [2019] NSWCCA 284
Case
[2019] NSWCCA 284
Decision Date

CaseChat Overview and Summary

The appeal in Rae v R concerned a sentence imposed on the applicant, Rae, who had pleaded guilty to being an accessory after the fact to an aggravated break, enter and steal. The case was heard in the High Court of Australia. Rae was sentenced to a term of 4 years and 8 months imprisonment, with a non-parole period of 3 years. The primary issue before the Court was whether a miscarriage of justice occurred due to the omission by Rae's legal representatives to present evidence of Rae's history of mental illness to the sentencing judge in the District Court. The absence of this relevant evidence led to the contention that the sentencing judge was not fully informed about Rae's circumstances, thereby potentially affecting the sentence imposed.

The High Court examined whether the failure to present the mental health evidence constituted a miscarriage of justice. It was determined that the sentencing judge did not have the benefit of this critical information, which could have influenced the assessment of Rae's culpability and the appropriate sentence. Given that the omission of such significant evidence could have led to an unjust outcome, the Court found that a miscarriage of justice had indeed occurred. Consequently, the appeal was allowed on the basis that the absence of the mental health evidence led to an unfair sentencing process.

The Court concluded that the matter should be remitted to the District Court for resentencing, providing an opportunity for the sentencing judge to consider the full context of Rae's history, including his mental illness, in determining an appropriate sentence. The High Court's decision underscored the importance of ensuring that all relevant evidence is presented in criminal sentencing to uphold the principles of justice and fairness.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.