CITATION: Regina v Snider [2004] NSWCCA 134 HEARING DATE(S): 02/04/04 JUDGMENT DATE:
11 May 2004JUDGMENT OF: Wood CJ at CL at 1; Sperling J at 2; Kirby J at 3 DECISION: (1) That the appeal be allowed; (2) That the sentence of Gibson DCJ on 16.10.03 be quashed; (3) That, in lieu thereof, the respondent be sentenced as follows; Count 1: A fixed term of imprisonment of 18 months to commence on 2.4.03 and to expire on 1.10.04; Count 2: A concurrent fixed term of imprisonment of 6 months to commence on 2.4.03 and to expire on 1.10.03; Count 3: A concurrent fixed term of imprisonment of 3 months to commence on 2.4.03 and to expire on 1.7.03; Count 4: A term of imprisonment which is to consist of a non parole period of 2 years and a total term of 4-1/2 years, each to date from 2.4.04, with the non parole period to expire on 1.4.06, upon which date the respondent will be eligible for release on parole. CATCHWORDS: Criminal Practice & Procedure - Crown appeal against inadequacy of sentence - breaches of bond and armed robbery - no reasons for departure from guideline - whether sentencing remarks are "evidence" in terms of proviso to Criminal Appeal Act s12(1) - admissible on appeal although not tendered before sentencing Judge. LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999
Crimes Act 1900
Criminal Appeal Act 1912CASES CITED: R v Henry (1999) 46 NSWLR 346
Pearce v The Queen (1998) 194 CLR 610
R v Ceissman (2001) 119 A Crim R 535
R v Thomson & Houlton (1999-2000) 49 NSWLR 383
R v Richards [1981] 2 NSWLR 464
R v Wheeler [2000] NSWCCA 34
R v J (1992) 59 SASR 145
R v Allpass (1994) 72 A Crim R 561
Dinsdale v The Queen (2000) 202 CLR 321
R v Hammoud (2000) 118 A Crim R
R v AEM [2002] NSWCCA 58
R v KBM [2004] NSWCCA 123PARTIES :
Regina
Jye Snider
FILE NUMBER(S): CCA 60483/03 COUNSEL: P Power SC (Crown/Appl)
C B Craigie SC (Resp)SOLICITORS: S Kavanagh (Crown/Appl)
SRACLS (Resp)
LOWER COURTJURISDICTION: District Court LOWER COURT FILE NUMBER(S): 03/11/0633 LOWER COURT
JUDICIAL OFFICER :Gibson DCJ
60483/03
Tuesday 11 May 2004WOOD CJ at CL
SPERLING J
KIRBY J
1 WOOD CJ at CL: I have read in draft form the judgment of Kirby J. I agree with the orders proposed, and with the reasons of his Honour.
2 SPERLING J: I agree with Kirby J.
3 KIRBY J: This is an appeal against sentence by the Crown. On 16 October 2003 Jye Snider appeared for sentence before Gibson DCJ. He pleaded guilty to the offence of armed robbery. He also acknowledged that, by such conduct, he was in breach of three bonds which had been imposed by his Honour Judge Nield (under s12 of the Crimes (Sentencing Procedure) Act 1999) on 7 March 2003. His Honour was therefore called upon to sentence…
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- AGLC
- Regina v Snider [2004] NSWCCA 134
- Case
- [2004] NSWCCA 134
- Decision Date
CaseChat Overview and Summary
In examining the adequacy of the sentence, the court considered the nature and seriousness of the offences committed by Snider. The court noted that Snider had a history of criminal conduct, which included multiple breaches of bond and an armed robbery. The court assessed whether the sentence imposed adequately reflected the gravity of these offences. Additionally, the court had to determine if there were any reasons provided by the trial judge for deviating from the sentencing guidelines. The court scrutinised the sentencing remarks to ascertain whether they constituted "evidence" as per the proviso to Criminal Appeal Act s12(1). If they did, the remarks could be considered on appeal even though they were not presented to the sentencing judge.
The court found that the sentence was inadequate given the seriousness of Snider's criminal conduct. It was noted that the trial judge had not provided any reasons for departing from the sentencing guidelines, which undermined the justification for the imposed sentence. The court held that the sentencing remarks could be considered as "evidence" under the proviso to Criminal Appeal Act s12(1), allowing them to be examined on appeal. Consequently, the court allowed the Crown's appeal and remitted the matter to the trial court for resentencing. The trial court was directed to impose a sentence that appropriately reflected the seriousness of Snider's offences, taking into account the relevant sentencing principles and guidelines.
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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