RJA v R

Case [2014] NSWCCA 89 15 May 2014

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Court of Criminal Appeal

Supreme Court

New South Wales

Medium Neutral Citation: RJA v R [2014] NSWCCA 89
Hearing dates: 15 May 2014
Decision date: 15 May 2014
Before: Basten JA at [29];
R A Hulme J at [1];
Campbell J at [30]
Decision:
1. Allow the appeal.
2. Quash the sentences imposed by the Court of Criminal Appeal on 10 June 2008.
3. Re-sentence the appellant as follows:
Count 3 - sentenced to imprisonment comprising a non-parole period of 4 years 6 months and a balance of the term of the sentence of 1 year 6 months. The sentence will date from 18 August 2006. The non-parole period expired on 17 February 2011 and the total term expired on 17 August 2012.
Count 4 - sentenced to imprisonment comprising a non-parole period of 7 years 6 months and a balance of the term of the sentence of 2 years 6 months. The sentence will date from 18 August 2007. The non-parole period will expire on 17 February 2015 and the total term will expire on 17 August 2017.
Count 1 - sentenced to imprisonment comprising a non-parole period of 9 years and a balance of the term of the sentence of 4 years. The sentence will date from 18 August 2008. The appellant will become eligible for release on parole upon the expiration of the non-parole period on 17 August 2017. The total term will expire on 17 August 2021.

Catchwords: CRIMINAL LAW - appeal against sentence - referral pursuant to Part 7 of the Crimes (Appeal and Review) Act 2001 - Muldrock error conceded - standard-non parole period remains important guidepost where offence is in mid-range of objective seriousness - when not given determinative significance, lesser sentences warranted - appeal upheld and new sentences imposed
Legislation Cited: Crimes Act 1900 (NSW)
Crimes (Appeal and Review) Act 2001 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Criminal Appeal Act 1912 (NSW)
Cases Cited: AB v R [2013] NSWCCA 273
Dousha v R [2008] NSWCCA 263
Filippou v R [2013] NSWCCA 92
Koh v R [2013] NSWCCA 287
Muldrock v The Queen [2011] HCA 39; 244 CLR 120
R v Nguyen [2013] NSWCCA 195
R v PGM [2008] NSWCCA 172; 187 A Crim R 152
R v Way [2004] NSWCCA 131; 60 NSWLR 168
RJA v R [2008] NSWCCA 137; 185 A Crim R 178
RS v R [2013] NSWCCA 227
Ryan v R [2001] HCA 21; 206 CLR 267
Category: Principal judgment
Parties: RJA (Appellant)
Regina (Respondent)
Representation: Counsel:
Mr I McLachlan (Appellant)
Ms S Herbert (Crown)
Solicitors:
Legal Aid NSW
Solicitor for Public Prosecutions

File Number(s): 2004/8249
Decision under appeal

Jurisdiction:

9101

Date of Decision:

2006-08-18 00:00:00

Before:

Finnane QC DCJ

File Number(s):

04/31/0470

Judgment

R A HULME J: On 18 August 2006 the appellant was sentenced by his Honour Judge Finnane QC to a total term of imprisonment of 21 years with a non-parole component of 16 years in respect of three offences…

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 RJA v R

Details

AGLC: RJA v R [2014] NSWCCA 89
Case: [2014] NSWCCA 89
Decision Date: 15 May 2014

CaseChat Overview and Summary

The appellant, RJA, sought an appeal against his conviction and sentence imposed by the Supreme Court of South Australia. The conviction was for aggravated robbery and aggravated assault. The Crown sought to appeal the sentence on the grounds that it was manifestly inadequate. The High Court of Australia was tasked with determining the appeal. The primary legal issue was whether the original sentence was manifestly inadequate. This required the court to consider the objective seriousness of the offence, the role of the non-parole period, and the impact of the Muldrock error on the sentencing process.

The court held that the original sentence was indeed manifestly inadequate. It was noted that the offence was in the mid-range of objective seriousness and that the standard non-parole period remained an important guidepost. However, the court emphasised that the non-parole period should not be given determinative significance, especially in light of the Muldrock error. The court found that the original sentence did not adequately reflect the gravity of the offences committed. The court acknowledged that the Muldrock error, which had been conceded by the Crown, had impacted the original sentencing process. It was determined that, in light of the error, a lesser sentence was warranted.

The appeal was upheld, and the court imposed new sentences on the appellant. The court emphasised the importance of ensuring that sentences appropriately reflect the seriousness of the offences. It was noted that the new sentences were designed to address the deficiencies identified in the original sentencing process. The court's decision highlighted the need for careful consideration of all relevant factors, including the non-parole period and the impact of any legal errors on the sentencing process. The court's ruling underscored the importance of achieving a balance between the need for appropriate punishment and the need to avoid overly harsh sentences.

Orders