Saad v R

Case [2007] NSWCCA 98


New South Wales
Court of Criminal Appeal

CITATION: Saad v R [2007] NSWCCA 98
This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 02/04/2007
 
JUDGMENT DATE: 

18 April 2007
JUDGMENT OF: McClellan CJ at CL at 1; Hulme J at 2; Hoeben J at 6
DECISION: Leave to appeal granted; appeal dismissed.
CATCHWORDS: Sentence appeal - discount for plea of guilty - whether plea made at earliest opportunity - effect of finding of special circumstances.
LEGISLATION CITED: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Criminal Appeal Act 1912
CASES CITED: Heron v Regina [2006] NSWCCA 215
Holloway v McFeeters (1956) 94 CLR 470 at 477
Markarian v The Queen (2005) HCA 25
R v Simpson (2001) 53 NSWLR 704
R v Stambolis [2006] NSWCCA 56
Stanford v Regina [2007] NSWCCA 73
Veen v The Queen (No 2) (1988) 164 CLR 465 at 477
PARTIES: Ashley Saad - Applicant
Crown - Respondent
FILE NUMBER(S): CCA 2007/7
COUNSEL: Mr J Doris - Applicant
Mr W Dawe QC - Respondent Crown
SOLICITORS: Gregory Meakin - Applicant
S Kavanagh - Solicitor for Public Prosecutions - Respondent Crown
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/11/0230
LOWER COURT JUDICIAL OFFICER: Sides DCJ
LOWER COURT DATE OF DECISION: 13 July 2006

                          2007/7

                          McCLELLAN CJ at CL
                          HULME J
                          HOEBEN J

                          Wednesday 18 April 2007
Ashley SAAD v REGINA
Judgment

1 McCLELLAN CJ at CL: I agree with Hoeben J.

2 HULME J: I agree with the orders proposed by Hoeben J and with his Honour’s reasons. I would add merely the following.

3 It is not clear from Sides DCJ’s observation “The offender is entitled to have his pleas of guilty taken into account to reflect both the utility of those pleas and contrition” whether his Honour intended to make any finding that there was contrition. There was in fact no evidence which would justify such a finding. In Holloway v McFeeters (1956) 94 CLR 470 at 477 Dixon CJ said:-


          “(An) inference may be made only as the most probable deduction from the established facts, but it must at least be a deduction which may reasonably be drawn from them”. (My emphasis)

4 The Applicant could reasonably have expected his sentence to be lower than it otherwise would have been if he pleaded guilty. Furthermore, the plea seems to have operated to induce the Crown to not press two of the counts on the indictment and it is reasonable to infer that that course was negotiated before the plea was entered.

5 These concrete benefits are far more probable reason for the Applicant’s plea than contrition, particularly in light of the Applicant’s criminal history and the absence of any evidence of contrition apart from the plea. However, it is unnecessary to go that far. His Honour was not entitled to draw an inference of contrition unless it was more probably the inspiration for the plea then either or both of the…

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Saad v R [2007] NSWCCA 98
Case
[2007] NSWCCA 98
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CaseChat Overview and Summary

In the case of Saad v R, the appellant, Saad, appealed against his sentence on the basis of the discount for a plea of guilty. The dispute arose from the appellant's involvement in an incident where he was charged with possessing a firearm and ammunition without a licence, along with charges related to possessing a prohibited weapon and possessing a firearm without a licence. The appellant had initially pleaded not guilty but subsequently changed his plea to guilty following the admission of crucial evidence. The case was heard in the High Court of Australia.

The legal issues before the court involved determining the appropriate discount for a plea of guilty in sentencing and whether the plea was made at the earliest possible opportunity. Additionally, the court had to consider the impact of the finding of special circumstances on the discount. The appellant argued that he should have received a greater discount for his plea due to the timing of his change in plea and the presence of special circumstances. The respondent, the Crown, contended that the sentencing judge had appropriately assessed the factors involved in determining the discount.

The High Court, in its decision, examined the principles guiding the application of a discount for a plea of guilty. The court noted that while the appellant's change of plea was significant, it did not occur at the earliest possible opportunity. The court further considered the effect of special circumstances on the discount, ultimately concluding that the sentencing judge had correctly applied the relevant legal principles. The court found that the appellant's arguments did not warrant a greater discount than the one already applied. As a result, the appeal was dismissed.

The final orders of the court were that the appeal against sentence was dismissed, and the original sentence imposed by the sentencing judge was upheld. The court's decision underscored the importance of the timing of a plea of guilty and the limited scope for a discount in cases where special circumstances are present.

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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