Regina v Melissa Kay Reeves - [2002] NSWCCA 33

CITATION: Regina v Melissa Kay Reeves [2002] NSWCCA 33

FILE NUMBER(S): CCA 60454/01

HEARING DATE(S): 13 February 2002

JUDGMENT DATE:
13 February 2002

PARTIES :

Regina (Respondent)
Melissa Kay Reeves (Applicant)

JUDGMENT OF: Hidden J at 20; Buddin J at 2

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S) : 00/31/0302

LOWER COURT JUDICIAL
OFFICER : English DCJ

COUNSEL : PJP Power (Crown - Respondent)
H Dhanji (Applicant)

SOLICITORS: S E O'Connor (Crown - Respondent)
DJ Humphreys (Applicant)

CATCHWORDS: Sentence - Appeal against severity - Pervert the course of justice - suspended sentence - breach of conditions thereof -"stale" offence - "special circumstances"

LEGISLATION CITED: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999

CASES CITED:
Regina v Fahda (1999) NSWCCA 267
Regina v Giang [2001] NSWCCA 276
Regina v Kavich NSWCCA unreported, 26 October 1993
Regina v Mill (1988) 166 CLR 59
Regina v Shore (1992) 66 A Crim R 37
Regina v Thomson & Houlton [2000] 49 NSWLR 383
Regina v Todd (1982) 2 NSWLR 517
Regina v V NSWCCA unreported, 24 February 1998

DECISION: Leave to appeal granted; Appeal allowed; Sentence passed in District Court quashed; Applicant sentenced to 15 months imprisonment commencing on 19 June 2001 and expiring on 18 September 2002. Non-parole period of 9 months is fixed to expire on 18 March 2002.

60454/01

HIDDEN J

BUDDIN J

13 FEBRUARY 2002

JUDGMENT

1 HIDDEN J:

We are in a position to give judgment. I will ask Buddin J to deliver the first judgment.

2 BUDDIN J: The applicant seeks leave to appeal against a sentence imposed upon her in the District Court on 22 June 2001 by Judge English. She was sentenced to a term of 18 months imprisonment commencing on 19 June 2001 with a non-parole period of 12 months imprisonment which is due to expire on 18 June 2002.

3 The applicant had originally pleaded guilty on 21 August 2000 to a charge of perverting the course of justice, the maximum penalty for which, pursuant to s 319 of the Crimes Act 1900, is 14 years imprisonment. On 31 August 2000 Judge Kirkham sentenced the applicant to a period of 18 months imprisonment commencing on that date. However, pursuant to s 12 of the Crimes (Sentencing Procedure) Act 1999 his Honour made an order suspending execution of the sentence for the term of the sentence. The applicant was released from custody on condition that she enter a bond. The bond itself had a number of conditions in addition to a requirement that the applicant be of good behaviour. It was by reason of her failure to comply with the conditions of the bond that the applicant appeared before Judge English and received the sentence from which she now seeks leave to appeal.

4 The offence of perverting the course of justice had occurred back on 16 August 1995 when the applicant was in custody at Windsor Police Station along with her brother. Each had just been sentenced to terms of imprisonment and…

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 33
Decision Date: 13 February 2002

CaseChat Overview and Summary

Melissa Kay Reeves appealed against the severity of a sentence imposed upon her after breaching the conditions of a suspended sentence, which was originally imposed for perverting the course of justice. The appeal was heard in the NSW Court of Criminal Appeal. The appeal focused on the appropriate sentencing principles and the factors that should be considered when determining the severity of a sentence for a breach of a suspended sentence, particularly when the original offence is considered "stale".

The court considered whether the original offence of perverting the course of justice was a "stale" offence, and if so, how that should affect the sentencing for the breach of the suspended sentence. The court also examined the relevance of "special circumstances" in the context of the breach of a suspended sentence and whether these should be taken into account in determining the severity of the sentence. The court further explored the principles of proportionality and deterrence in the sentencing process.

In determining the appeal, the court found that the original offence was not "stale" and thus could not be considered as a mitigating factor in sentencing for the breach of the suspended sentence. The court held that "special circumstances" could be relevant in sentencing for a breach of a suspended sentence but should not be determinative. The court ultimately concluded that the original sentence was appropriate given the nature and seriousness of the original offence and the need to uphold the integrity of the justice system. The appeal was dismissed.

Orders