Regina v Knight - [2001] NSWCCA 344

Reported Decision:
123 A Crim R 377

New South Wales

Court of Criminal Appeal

CITATION: Regina v Knight [2001] NSWCCA 344

FILE NUMBER(S): CCA 60705/00

HEARING DATE(S): 5/9/01

JUDGMENT DATE:
5 September 2001

PARTIES :

Regina
John Adrian KNIGHT

JUDGMENT OF: Bell J at 1; Howie J at 46; Smart AJ at 47

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S) : 96/11/033

LOWER COURT JUDICIAL
OFFICER : Coorey DCJ

COUNSEL : S.C. Churches (Appellant)
P.G. Berman SC (Crown)

SOLICITORS: Alex Lee (Appellant)
S.E. O'Connor (Respondent)

LEGISLATION CITED: Crimes Act 1900 (NSW)

CASES CITED:
Malass (unreported) NSWCCA, 3 March 1998
Meissner v The Queen (1995) 185 CLR 132
Myers (unreported) NSWCCA 13 February 1990
R v Boag (1994) 73 A Crim R 35
R v Sewell [2001] NSWCCA 2299

DECISION: Appeal against conviction dismissed. The application for leave to appeal against the severity of sentence in each case is allowed. Appeal dismissed with respect to the sentence imposed on count 4. Appeal allowed on count 3.

THE SUPREME COURT
OF NEW SOUTH WALES
COURT OF CRIMINAL APPEAL

BELL J

HOWIE J

SMART AJ

Wednesday 5 September 2001

60705/00- REGINA v John Adrian KNIGHT

JUDGMENT

1 BELL J: John Adrian Knight appeals against his conviction upon a count charging him that on 21 December 1995 at Ultimo in the State of New South Wales he detained Shane Pasfield with intent to hold Shane Pasfield for his advantage. The offence is created by s 90A of the Crimes Act 1900 (NSW) (“the Act”). He also seeks leave to appeal against the severity of sentences imposed upon him in respect of his conviction on this charge and a charge that on the same date he maliciously wounded Shane Pasfield.

2 The applicant was arraigned in the District Court at Sydney on 7 February 2000 on an indictment charging him with (1) wounding Shane Pasfield with intent to murder her; (2) in the alternative, malicious wounding with intent to prevent his lawful apprehension; (3) malicious wounding; and (4) detain Shane Pasfield for advantage. The appellant pleaded guilty to counts (3) and (4) and the Crown accepted his pleas in full discharge of the indictment.

3 On 13 March 2000 the appellant appeared for sentence before his Honour Judge Coorey. In respect of each count he was sentenced to a term of three years and six months imprisonment, to commence on 21 September 1999 and to expire on 20 March 2003. In each case a non-parole period of six months was specified, to commence on 21 September 1999 and to expire on 20 March 2000.

4 The notice of appeal signed by the applicant is dated 18 October 2000. It was not lodged within time. The applicant sought an extension of time in which to bring this appeal and set out a satisfactory explanation for the delay. The Crown did not submit that the extension should not be granted. I propose that the Court do so.

5 The appellant appeals against his conviction…

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.

Continue reading Regina v Knight

Details

AGLC: Regina v Knight [2001] NSWCCA 344
Case: [2001] NSWCCA 344
Decision Date: 5 September 2001

CaseChat Overview and Summary

John Adrian Knight appeals against his conviction for detaining Shane Pasfield with intent to hold her for his advantage, a charge under s 90A of the Crimes Act 1900 (NSW). Knight also seeks leave to appeal against the severity of the sentences imposed on him for this charge and another for maliciously wounding Shane Pasfield. Knight pleaded guilty to both charges in the District Court, which sentenced him to three years and six months imprisonment on each count, with a non-parole period of six months for each. Knight argues that he did not understand the seriousness of the charge of detaining for advantage and that he was in poor health at the time of his plea. The Crown argues that Knight was fully informed of the charges and penalties.

The Court considers whether Knight's plea was induced by a misunderstanding of the charges or his health, which would constitute a miscarriage of justice. The Court finds that Knight's counsel informed him of the maximum penalties for each charge, and Knight himself expressed concern about the seriousness of the detaining charge in a letter to his counsel. The Court is not persuaded that Knight did not understand the charges or intended to plead guilty. The Court also finds that Knight's health did not prevent him from understanding the charges.

Regarding the severity of the sentences, the Court finds that the sentences for both charges were appropriately severe given the seriousness of the offences. However, the Court finds that the sentences for both charges were improperly imposed as concurrent sentences, rather than consecutive. The Court allows the appeal against the severity of the sentence for malicious wounding, substituting a fixed term of 12 months imprisonment. The Court dismisses the appeal against the severity of the sentence for detaining for advantage. The Court confirms the sentence for that charge.

The orders of the Court are: (1) the appeal against conviction is dismissed; (2) the application for leave to appeal against the severity of sentence in each case is allowed; (3) the appeal is dismissed with respect to the sentence imposed on count 4, and the sentence imposed in respect of that count is confirmed; (4) the appeal with respect to count 3 is allowed; (5) quash the sentence imposed in the District Court on count 3; and (6) in lieu thereof, impose a fixed term sentence of 12 months imprisonment to date from 21 March 1999 and to expire on 20 March 2000.

Orders