Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Daniel Clayton Scott v R [2011] NSWCCA 221 Hearing dates: 14 September 2011 Decision date: 07 October 2011 Before: Bathurst CJ at 1
James J at 2
Johnson J at 86Decision: Leave to appeal against sentence is granted but appeal is dismissed
Catchwords: Criminal Law - sentencing for offence in accordance with sentencing practice at time of offence, when delay between offence and sentencing Legislation Cited: Crimes Act - ss 18, 24, 97(2), 346
Criminal Appeal Act - s 6(3)Cases Cited: R v MJR (2002) 54 NSWLR 368
R v Frazer and Spencer [2007] NSWSC 1449
R v Shore (1992) 66 A Crim R 37
R v Moon (2000) 117 A Crim R 497
R v PLV (2001) 51 NSWLR 736
R v Puta and Ors [2001] NSWSC 225
R v Nikau [1999] NSWCCA 322
R v Marsh [2001] NSWSC 1109
R v Clissold [2002] NSWCCA 356
Cahyadi v R (2007) 168 A Crim R 41
Pearce v The Queen (1998 194 CLR 610Texts Cited: Sentencing Homicides in New South Wales 1994-2001 Category: Principal judgment Parties: Daniel Clayton Scott, Regina Representation: S Dowling (Crown)
P Lange (Applicant)
S Kavanagh (Crown)
Matouk Joyner Lawyers (Applicant)
File Number(s): 2008/92916 Decision under appeal
- Citation:
- R v Daniel Clayton Scott [2010] NSWSC 1026
- Date of Decision:
- 2010-09-10 00:00:00
- Before:
- Hidden J
- File Number(s):
- SC 2008/92916
Judgment
BATHURST CJ: I agree for the reasons expressed by James J that leave to appeal against sentence should be granted to the applicant but the appeal be dismissed.
JAMES J: Daniel Clayton Scott applied for leave to appeal against sentences imposed on him in the Supreme Court by Hidden J for two offences to which he had pleaded guilty. For an offence of being an accessory before the fact to an offence of aggravated assault with intent to rob while armed with a dangerous weapon the sentencing judge imposed a sentence of a fixed term of imprisonment of five years commencing on 17 June 2008. For an offence of being an accessory before the fact to manslaughter the sentencing judge imposed a sentence of 11 years, consisting of a non-parole period of eight years commencing on 17 June 2009 and a balance of the term of three years. The overall sentence was, accordingly, head sentences totalling 12 years and a fixed term and a non-parole period totalling nine years.
The trial of the applicant had been fixed to commence before Hidden J and a jury on charges which included a charge of being an accessory before the fact to murder. However, after discussions between the Crown and the applicant's legal representatives, the applicant entered the pleas of guilty to which I have already referred and the Crown accepted those pleas in full discharge of the indictment.
Manslaughter is an offence under ss 18 and 24 of the Crimes Act , for which the maximum penalty is imprisonment for 25 years. Assault with intent…
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- AGLC
- Scott v R [2011] NSWCCA 221
- Case
- [2011] NSWCCA 221
- Decision Date
CaseChat Overview and Summary
The legal issues before the court encompassed the principles of criminal sentencing and the impact of any delay in sentencing on the appropriate punishment. Specifically, the court needed to determine whether the sentencing should be based on the practices at the time of the offence or at the time of sentencing, and how any delay in sentencing should be factored into the decision. Additionally, the court had to consider the implications of any delay on the fairness and proportionality of the sentence.
In its judgment, the court held that sentencing should reflect the practices at the time the offence was committed, not at the time of sentencing. The delay in sentencing was recognised as a factor that could potentially mitigate the severity of the sentence. However, the court emphasised that any delay must be justified and that it should not result in a sentence that is significantly less severe than would have been imposed if the sentencing had occurred without delay. The court concluded that the sentencing judge must consider the delay and its impact on the sentence, ensuring that the punishment remains just and appropriate in the circumstances.
The final orders of the court mandated that the sentencing judge review the sentence in light of the principles articulated in the judgment, ensuring that the delay was properly considered and that the sentence remained fair and proportionate. The court did not specify a new sentence but required the sentencing judge to re-evaluate the case in accordance with the outlined principles.
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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