Regina v Tony Sandnes

Case [2001] NSWCCA 385


CITATION: Regina v Tony Sandnes [2001] NSWCCA 385
FILE NUMBER(S): CCA 60574/00
HEARING DATE(S): 25 September 2001
JUDGMENT DATE:
25 September 2001

PARTIES :


Regina
Tony Sandnes
JUDGMENT OF: Powell JA at 1 & 21; Sully J at 2; Bell J at 22
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S) : 70055/99
LOWER COURT JUDICIAL
OFFICER :
Dunford J
COUNSEL : L.M.B. Lamprati - Crown
J. S. Stratton - Appellant
SOLICITORS: S. E. O'Connor - Crown
D. J. Humphreys - Appellant
CASES CITED:
Regina v Houlten
Regina v Thomson
Regina v Gregory Peter Hayes (2001) NSW CCA 358
Regina v Ellis
Regina v Cartwright
Regina v Winchester
DECISION: Extension of time granted; Leave to appeal granted; Substantive appeal dismissed

    IN THE COURT OF
    CRIMINAL APPEAL
    60574/00

POWELL JA


SULLY J


BELL J


    Tuesday 25 September 2001

    REGINA v TONY SANDNES

    JUDGMENT

1 POWELL JA: I will ask Sully J to deliver the first judgment.

2 SULLY J: Mr Tony Sandnes applies for leave to appeal against a sentence of imprisonment that was passed upon him by Dunford J of this Court on 18 August 2000.

3 Mr Sandnes requires an extension of time in which to bring that application. I would myself favour granting the necessary extension in order that the application might be dealt with on its merits.

4 The sentence in fact passed was a sentence of imprisonment for a term of 11 years with an accompanying non-parole period of eight and a half years.

5 On 5 June 2000 the applicant was presented for trial before Dunford J upon an indictment charging that he had, on 9 January 1998, murdered one Donald Foster. The applicant pleaded not guilty; and he was put, accordingly, upon his trial by jury. The Crown opening and the Crown evidence proceeded throughout the day. On the following day it was intimated to the Court that the applicant wished to revise his plea. He was thereupon re-indicted, and pleaded guilty to the manslaughter of the victim, that plea being accepted by the Crown in full discharge of the indictment.

6 The relevant facts are set out as follows in the remarks on sentence of Dunford J

      “On 30 December 1997 at about 3pm the deceased then 80 years old, weak and with a number of health problems, was in bed at his home at 16 Vera St, Earlwood when he was bludgeoned with a half brick resulting in severe head injuries from which he bled profusely. He was taken to hospital but died there on 9 January 1998, some 10 days later, as a result of his injuries.
      The prisoner gave evidence on the sentencing proceedings and said that he had been addicted to heroin and amphetamines for some years and whilst a patient at Wisteria House, a drug rehabilitation unit, he had formed a relationship with Sue-Ann Foster, the grand-daughter of the deceased and another addict. He said that on 30 December the two of them went to the deceased’s…

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Regina v Tony Sandnes [2001] NSWCCA 385
Case
[2001] NSWCCA 385
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CaseChat Overview and Summary

Tony Sandnes sought leave to appeal against the sentence imposed on him by the Supreme Court. The Court of Criminal Appeal considered two main issues: whether the sentencing judge erred in granting a discount for Sandnes's guilty plea, and whether the sentence imposed was outside the appropriate range for crimes of similar gravity. The Court noted that the crime was of significant brutality, warranting a severe sentence. The sentencing judge had considered the plea of guilty, the offender's remorse, and the impact of drugs at the time of the offence in reducing the sentence. The Court held that the sentencing judge appropriately exercised their discretion and did not err in their approach. While the statistical data suggested that the sentence might be at the higher end of the range, the Court found that it did not fall outside the range of a sound sentencing discretion. Consequently, the Court granted leave to appeal but dismissed the substantive appeal. The Court also granted an extension of time for Sandnes to bring the appeal.

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

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Ratio Decidendi

Legal Principle Established

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