Regina v Debbie Marie Adams - [2002] NSWCCA 448

CITATION: Regina v Debbie Marie Adams [2002] NSWCCA 448

FILE NUMBER(S): CCA 60867/01

HEARING DATE(S): 10 April 2002, 1 and 14 August 2002

JUDGMENT DATE:
15 November 2002

PARTIES :

Regina v Debbie Marie Adams

JUDGMENT OF: Ipp JA at 1; Bell J at 2; Smart AJ at 3

LOWER COURT JURISDICTION: Supreme Court

LOWER COURT FILE NUMBER(S) : 70061/99

LOWER COURT JUDICIAL
OFFICER : Sperling J

COUNSEL : (A) W G Dawe QC
(R) G Turnbull

SOLICITORS: (A) S E O'Connor
(R) Forsters

CATCHWORDS: Sentencing - Crown appeal - Offences of malicious wounding mother with intent and manslaughter of teacher's assistant in cooking class in Juvenile Justice Centre - prisoner severely disturbed psychologically and extremely dangerous - whether she would ever overcome her aggressive impulsive tendencies doubtful - capacity for self control severely impaired - severe personality disorder of anti-social type - kept in segregated unit - harsh custodial conditions - no suitable safe psychiatric unit available with adequate treatment - sentences manifestly inadequate

LEGISLATION CITED: Criminal Appeal Act 1912
Crimes Act 1900
Mental Health (Criminal Procedure) Act 1990
Mental Health Act 1900

CASES CITED:
Veen v The Queen (No 2) 164 CLR 465
D L White-Cotterell 70200/91
R v Chayna CCA unrep 8/6/93
R v Heikki Veli Hietikko CCA unrep 18/6/92
House v The King (1930) 55 CLR 499
R v Low 57 A Crim R 18
R v Hill (1981) 3 A Crim R 397
R v Blacklidge CCA unrep 12/12/95

DECISION: See para 78

60867/01

IPP AJA

BELL J

SMART AJ

Friday, 15 November 2002

REGINA v DEBBIE MARIE ADAMS

JUDGMENT

1. IPP JA: I agree with Smart AJ.

2. BELL J: I agree with Smart AJ.

3. SMART AJ: Pursuant to s.5D of the Criminal Appeal Act 1912 the Director of Public Prosecutions appeals against limiting terms nominated by the Supreme Court on 23 November 2001, namely 1 year for one offence of malicious wounding with intent to cause grievous bodily harm and 5 years for one offence of manslaughter cumulative upon the limiting term for the first offence. It was held, following a special hearing that on the limited evidence available Debbie Marie Adams (the offender) had committed such offences. The Crown contends that the limiting terms nominated are manifestly inadequate.

4. Background

On 26 January 1999 the offender was charged with the attempted murder of her natural mother on the previous night. The charge was subsequently amended to malicious wounding with intent to cause grievous bodily harm pursuant to s.33 of the Crimes Act 1900 which carries a maximum penalty of 25 years imprisonment. The offender, who was born on 11 August 1982 was remanded to the Yasmar Juvenile Justice Centre.

5. On 23 July 1999 the offender was charged with the murder of Scott Bremner, an employee of TAFE who worked at the Centre. She stabbed him during a cooking class there.

6. On 13 November 2000 she was found by the Supreme Court to be unfit to be tried…

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: [2002] NSWCCA 448
Decision Date: 15 November 2002

CaseChat Overview and Summary

Debbie Marie Adams was convicted of two serious offences: malicious wounding of her mother with intent and the manslaughter of a teacher's assistant during a cooking class in a Juvenile Justice Centre. The Crown appealed against the sentences imposed by the lower court, arguing that they were manifestly inadequate given the severity and nature of the offences. The appeal was heard by the Court of Appeal, which was tasked with determining whether the original sentences were appropriate in light of the circumstances.

The legal issues central to the appeal were the adequacy of the sentences given the gravity of the crimes committed. The Court had to consider whether the sentences sufficiently reflected the harm caused, the culpability of the offender, and the necessity for deterrence and rehabilitation. Additionally, the Court needed to assess the future risk posed by Adams and whether the sentences could adequately contain this risk, given her severe psychological issues and history of aggression.

In delivering its judgment, the Court of Appeal found that the original sentences were manifestly inadequate. The Court emphasised Adams' severe psychological disturbances, her extremely dangerous nature, and the doubt surrounding her ability to overcome her aggressive and impulsive tendencies. It was noted that her capacity for self-control was severely impaired, and she had been diagnosed with a severe personality disorder of an anti-social type. Given these factors, the Court concluded that the sentences did not adequately address the risk she posed to the community and the need for her containment and rehabilitation. Consequently, the Court allowed the appeal and remitted the matter to the lower court for resentencing.

Orders