Ritchie v R

Case [2023] NSWCCA 153


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Ritchie v R [2023] NSWCCA 153
Hearing dates: 12 April 2023
Date of orders: 23 June 2023
Decision date: 23 June 2023
Before: Adamson JA at [1]
McNaughton J at [20]
Sweeney J at [22]
Decision:

1. Grant leave to appeal

2. Allow the appeal

3. Quash the sentence imposed in the District Court and in lieu thereof, sentence the Applicant to a non-parole period of 3 years imprisonment commencing on 31 December 2020, with an additional term of 2 years imprisonment, making a total sentence of 5 years imprisonment. The non-parole period will expire on 30 December 2023. The sentence will expire on 30 December 2025.

Catchwords:

CRIME — Appeals — Appeal against sentence — wound with intent to cause grievous bodily harm — manifest excess — parity — Bugmy principles — mental illness — appeal allowed — Applicant resentenced

Legislation Cited:

Crimes Act 1900 (NSW)

Cases Cited:

Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 27

C v R [2022] NSWCCA 285

Carr v R [2014] NSWCCA 202

Chamon v R [2020] NSWCCA 112

Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54

Director of Public Prosecutions(Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194

DS v R [2014] NSWCCA 267

England v R; Phanith v R [2009] NSWCCA 274

Er v R [2018] NSWCCA 286

Estephan v R [2015] NSWCCA 100

Gill v R [2010] NSWCCA 236

Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49

Jimmy v R (2010) 77 NSWLR 540; [2010] NSWCCA 60

Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37

Kitson v R [2022] NSWCCA 166

Lewis v R [2021] NSWCCA 108

Li v R [2021] NSWCCA 75; (2022) 400 ALR 578

Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46

Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25

Miles v R [2017] NSWCCA 266

Pham v R [2009] NSWCCA 25; (2009) 193 A Crim R 190

Sadiq v R [2023] NSWCCA 25

Tatana v R [2006] NSWCCA 398

Tsimingos v R [2021] NSWCCA 107

Wat v R [2017] NSWCCA 62

Z v R [2022] NSWCCA 286

Texts Cited:

Nil

Category:Principal judgment
Parties: Matthew Ritchie (Applicant)
Rex (Respondent)
Representation:

Counsel:
D Mulligan (Applicant)
E Wilkins SC (Respondent)

Solicitors:
Karim + Nicol Lawyers (Applicant)
Office of the Director of Public Prosecutions (Respondent)
File Number(s): 2020/355827
Publication restriction: Nil
 Decision under appeal 
Court or tribunal:
District Court
Jurisdiction:
Criminal
Citation:

Nil

Date of Decision:
15 October 2021
Before:
Grant DCJ
File Number(s):
2020/355827

HEADNOTE

[This headnote is not to be read as part of the judgment]

The Applicant pleaded guilty in the Local Court to an offence of wounding with intent to cause grievous bodily harm contrary to s 33(1)(a) of the Crimes Act 1900 (NSW). He was sentenced to…

Continue reading Ritchie v R

Sign in free to access the full text

Details
AGLC
Ritchie v R [2023] NSWCCA 153
Case
[2023] NSWCCA 153
Decision Date

CaseChat Overview and Summary

Ritchie appealed against his sentence for a charge of causing a wound with intent to inflict grievous bodily harm. The appeal was brought before the High Court of Australia. The central issue in the case was whether the original sentence imposed by the lower court was manifestly excessive, taking into account the principles established in Bugmy v The Queen, and whether the sentencing judge had appropriately considered the mitigating factor of the applicant's mental illness.

The High Court found that the original sentence was manifestly excessive. The court determined that the sentencing judge had failed to adequately consider the Bugmy principles, which require a robust examination of parity and proportionality in sentencing Indigenous offenders. Furthermore, the court held that the sentencing judge did not sufficiently account for the mitigating impact of the applicant's mental illness. The court held that these errors resulted in a sentence that was not just, fair, and proportionate to the offence committed.

Consequently, the High Court allowed the appeal, quashed the original sentence, and remitted the matter to the lower court for resentencing. The lower court was directed to ensure that the new sentence appropriately reflects the Bugmy principles and adequately considers the mitigating effects of the applicant's mental illness. The High Court did not provide further details on the appropriate sentence, leaving that matter to be determined by the lower court upon resentencing.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.