New South Wales
Court of Criminal Appeal
CITATION: SIMPSON v R [2010] NSWCCA 225
This decision has been amended. Please see the end of the judgment for a list of the amendments.HEARING DATE(S): 16 September 2010
JUDGMENT DATE:
8 October 2010JUDGMENT OF: McColl JA at 1; Hulme J at 2; Latham J at 3 DECISION: 1. Leave to appeal granted.
2. Appeal dismissedCATCHWORDS: CRIMINAL LAW - appeal against sentence - plea of guilty to one count of aggravated steal from the person - whether further affidvait evidence qualifies as fresh evidence - whether sentence manifestly excessive. LEGISLATION CITED: Crimes Act 1900 CATEGORY: Principal judgment CASES CITED: Iglesias v R [2006] NSWCCA 261
Springer v R [2007] NSWCCA 289 ; 177 A Crim R 13
R v Ranse NSWCCA (unreported) 8 August 1994
Vaeila v R [2010] NSWCCA 113
R v Cage [2006] NSWCCA 304
R v Kelly [2005] NSWCCA 280 ; 155 A Crim R 499
R v Ibrahimi [2005] NSWCCA 153
R v Marinos [2003] NSWCCA 136
R v Maloukis [2002] NSWCCA 155
R v Wilson [2001] NSWCCA 399
R v Taylor [2000] NSWCCA 442PARTIES: Clarese SIMPSON - (Applicant)
Regina - (Respondent)FILE NUMBER(S): CCA 2009/10278003 COUNSEL: H Cox - (Applicant)
P Ingram (Crown)SOLICITORS: S Kavanagh - (Solicitor for Public Prosecutions)
Aboriginal Legal ServiceLOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): 2009/10278003 LOWER COURT JUDICIAL OFFICER: Freeman DCJ LOWER COURT DATE OF DECISION: 14 December 2009
2009/10278003
8 OCTOBER 2010MCCOLL JA
HULME J
LATHAM J
1 McCOLL JA : I agree with Latham J.
2 R S HULME J : I agree with Latham J.
3 LATHAM J : The applicant seeks leave to appeal against a sentence imposed by Freeman DCJ (the Judge) on 14 December 2009 on a charge of aggravated steal from the person (s 95(1) of the Crimes Act 1900), an offence carrying a maximum penalty of 20 years imprisonment. The applicant pleaded guilty to the charge in the Local Court.
4 The applicant was sentenced to a non parole period of one year and 10 months, with a balance of term of 2 years. That sentence took into account 2 months of pre-sentence custody.
5 The principal ground of the appeal is that the sentence is manifestly excessive. The applicant also seeks to rely upon material, which was not before the Judge, contained within her affidavit of 8 September 2010, for the purpose of founding a submission that the information before the Court sheds additional light on the circumstances of the applicant at the time of sentence, and therefore warrants intervention. A further affidavit from the solicitor appearing for the applicant below is said to explain how the material could not have been ascertained before the sentencing proceedings.
6 The offence was committed on 26 January 2009 upon a woman who was using the toilet facilities at Redfern railway station. The woman had hung her bag on the hook fixed to…
Continue reading Simpson v The Queen
Sign in free to access the full text
- AGLC
- Simpson v The Queen [2010] NSWCCA 225
- Case
- [2010] NSWCCA 225
- Decision Date
CaseChat Overview and Summary
The court found that the affidavit evidence Simpson sought to introduce was indeed fresh evidence, as it was not available at the time of the original sentencing hearing. However, the court held that the introduction of this fresh evidence did not alter the overall assessment of Simpson's culpability or the appropriate sentence. The court emphasised that the trial judge had considered all relevant factors, including Simpson's background and the circumstances of the offence, in determining the sentence. The court concluded that the sentence was not manifestly excessive, taking into account the principles of proportionality and deterrence.
In light of the above, the court dismissed Simpson's appeal against sentence. The original sentence imposed by the trial judge was upheld as appropriate and just. The court further noted that the trial judge had exercised their discretion carefully and had not erred in any way that would warrant a reduction or alteration of the sentence. The High Court's decision serves as a reminder of the importance of judicial discretion in sentencing and the limited role of appellate courts in reviewing such decisions.
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.