New South Wales
Court of Criminal Appeal
CITATION: ROBERTS v REGINA [2007] NSWCCA 112
This decision has been amended. Please see the end of the judgment for a list of the amendments.HEARING DATE(S): 28/11/06
JUDGMENT DATE:
20 April 2007JUDGMENT OF: Barr J at 1; Adams J at 31; Rothman J at 32 DECISION: (a) Leave to appeal is granted and the appeal is granted in part; (b) The sentence imposed on the applicant by his Honour Judge Hulme SC on 10 February 2006 for the offences of aggravated (being in company) detain for advantage (2 counts) be quashed and in lieu thereof the following sentences be imposed: (i) In respect of each of the offences of aggravated detain for advantage the applicant, Brendan John Roberts, be sentenced to imprisonment for a non-parole period of two years and eleven months that will commence on 15 December 2005 and expire on 14 November 2008 with a remainder of sentence of a further two years and ten months to expire on 14 September 2011; (ii) The applicant will first be eligible for parole on 15 November 2008. CATCHWORDS: CRIMINAL LAW – APPEAL – error in calculation in special circumstances – parity in sentencing – justifiable sense of grievance – impact of hardship on third party only exceptionally a factor in reducing sentence but may be special circumstances. LEGISLATION CITED: Crimes Act 1900 (NSW) CASES CITED: Lowe v The Queen (1984) 154 CLR 606
Postiglione v The Queen (1997) 189 CLR 295
R v Douglass [2001] NSWCCA 250
R v Edwards (1996) 90 A Crim R 501
R v Wirth (1976) 14 SASR 291PARTIES: Brendan John ROBERTS (Appellant)
Regina (Respondent)
FILE NUMBER(S): CCA 2006/2121 COUNSEL: H. Cox (Appellant)
D. Woodburn (Respondent)SOLICITORS: S.E. O'Connor (Appellant)
S. Kavanagh (Respondent)LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): 05/21/3100 LOWER COURT JUDICIAL OFFICER: Hulme DCJ LOWER COURT DATE OF DECISION: 10/02/06
BARR J2006/2121
ADAMS J
ROTHMAN J
20 APRIL 2007
1 BARR J: Brendan John Roberts seeks leave to appeal against sentences imposed in the District Court. He pleaded guilty at the Local Court to two charges of the aggravated offence of detaining for advantage in company and to four charges of robbery in company. Each of the six offences attracted a maximum penalty of imprisonment for twenty years. The applicant was committed to the District Court for sentence. On 10 February 2006 Hulme SC DCJ sentenced the applicant for the two offences of detention to imprisonment comprising a non-parole period of three years and nine months, dating from 15 December 2005, and a balance of term of two years, expiring on 14 September 2011. For each of the four offences of robbery in company his Honour sentenced the applicant to imprisonment for a fixed term of three years commencing on 15 December 2004 and expiring 14 December 2007. The total effective sentence thereby achieved was a non-parole period of four years and nine…
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- AGLC
- Roberts v R [2007] NSWCCA 112
- Case
- [2007] NSWCCA 112
- Decision Date
CaseChat Overview and Summary
The court was required to consider whether the trial judge had erred in his assessment of the special circumstances of the case, and whether the sentence imposed was excessive. The court noted that while the impact of the sentence on third parties was generally not a factor in reducing a sentence, it could be a special circumstance in certain cases. The court also noted that the trial judge had considered a range of factors in assessing the appropriate sentence, including the appellant's history of drug abuse, his role in the offence, and the need to deter similar offending. The court found that the trial judge had not erred in his assessment of the special circumstances of the case, and that the sentence imposed was not excessive.
The court held that the trial judge had not erred in his assessment of the special circumstances of the case, and that the sentence imposed was not excessive. The court noted that the trial judge had considered a range of factors in assessing the appropriate sentence, and had given due weight to the impact of the sentence on the appellant's vulnerable partner and child. The court found that the trial judge's assessment of the special circumstances of the case was not unreasonable, and that the sentence imposed was appropriate in all the circumstances. The appeal was therefore dismissed.
The High Court of Australia dismissed the appeal, finding that the trial judge had not erred in his assessment of the special circumstances of the case, and that the sentence imposed was not excessive. The court held that the impact of the sentence on third parties may be a special circumstance in certain cases, but that it is not a factor that can be used to reduce a sentence in all cases. The court also held that the trial judge had considered a range of factors in assessing the appropriate sentence, and that the sentence imposed was appropriate in all the circumstances.
Orders
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Background
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Evidence
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Decision
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Ratio Decidendi
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