Singh v The Queen

Case [2017] ACTCA 17


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL

Case Title:

Singh v The Queen

Citation:

[2017] ACTCA 17

Hearing Date:

1 November 2016

DecisionDate:

9 May 2017

Before:

Refshauge, Burns and Rangiah JJ

Decision:

1.    The appeal be upheld.

2.    The appellant be re-sentenced as follows:

(a)    for the offence of abduction, three years imprisonment to commence on 11 October 2013.

(b)    for the first offence of sexual intercourse without consent, four years imprisonment to commence on 11 October 2013.

(c)    for the act of indecency without consent, two years and six months imprisonment to commence on 11 August 2015.

(d)    for the offence of unlawful confinement, three years imprisonment to commence on 11 August 2015.

(e)    for the second offence of sexual intercourse without consent, five years imprisonment to commence on 11 August 2014.

3.          A non parole period be set to commence on 11 October 2013 and end on 10 August 2017.

Catchwords:

APPEAL – CRIMINAL LAW – Appeal against sentence –
co-offenders for offences – whether sentence was manifestly excessive – abducting another person by force – unlawfully confining or imprisoning another person – committing an act of indecency on another person without consent – engaging in sexual intercourse with another person without consent – parity of sentences with co-offender – appropriate distinction in the culpability – re-sentence

Legislation Cited:

Crimes Act 1900 (ACT), ss 34, 54(1), 60(1), 63

Crimes (Sentencing) Act 2005 (ACT), s 49
Supreme Court Act 1933 (ACT), s 37E

Court Procedure Rules 2006 (ACT), r 5510

Cases Cited:

Dinsdale v The Queen [2000] HCA 54; 202 CLR 321

House v The King (1936) 55 CLR 499
Ibbs v The Queen (1987) 163 CLR 447
Lowndes v The Queen [1999] HCA 29; 195 CLR 665
Markarian v The Queen [2005] HCA 25; 228 CLR 357
Muldrock v The Queen [2011] HCA 39; 244 CLR 120
Pearce v The Queen [1998] HCA 57; 194 CLR 610
Postiglione v The Queen (1997) 189 CLR 295
Quzag v The Queen (No 4) [2016] ACTCA 27
Rubino v The Queen [2015] ACTCA 22
R v Morse (1979) 23 SASR 98
R v Toumo’ua [2017] ACTCA 9
R v TW [2011] ACTCA 25; 6 ACTLR 18
R v Williams [2016] ACTSC 389
Singh v The Queen [2015] ACTCA 65
Williams v The Queen [2016] ACTCA 15; 75 MVR 482

Parties:

Randhir Singh (Appellant)

The Queen (Respondent)

Representation:

Counsel

Mr J Sabharwal (Appellant)

Ms M Jones (Respondent)

Solicitors

On London Legal (Appellant)

ACT Director of Public Prosecutions (Respondent)

File Number:

ACTCA 4 of 2016

Decision under appeal: 

Court/Tribunal:             Supreme Court of the Australian Capital       Territory

Before:  Rares J

Date of Decision:         22 September 2014

Case Title:  R v Randhir Singh;  R v Agitpal Singh

Citation: [2014] ACTSC 250

THE COURT:

  1. On 26 September 2013, the appellant, Randhir Singh, and his co-offender, Ajiptal Singh, kidnapped a woman and took her to an apartment where they committed various sexual acts on her.

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Details
AGLC
Singh v The Queen [2017] ACTCA 17
Case
[2017] ACTCA 17
Decision Date

CaseChat Overview and Summary

Singh appealed against the sentence imposed by the Supreme Court of the Australian Capital Territory for offences including abduction, unlawful confinement, acts of indecency without consent, and sexual intercourse without consent. The appeal concerned the parity of his sentence with that of a co-offender and whether his sentence was manifestly excessive.

The primary legal issues before the Court of Appeal were whether the sentencing judge had erred in imposing a sentence that was demonstrably too severe, particularly in light of the sentences received by co-offenders, and whether an appropriate distinction had been made in culpability between the appellant and his co-offender. The court was required to consider the principles of sentencing, including the need for parity and the appropriate assessment of individual culpability in cases involving multiple offenders.

The Court of Appeal found that the original sentence was manifestly excessive and that there was an insufficient distinction drawn between the appellant's culpability and that of his co-offender. The court applied the principles of sentencing, considering the gravity of the offences, the appellant's role, and the need for parity with co-offenders. Consequently, the appeal was upheld, and the appellant was re-sentenced on each of the offences, with a non-parole period set.

Orders

Orders of the court

1. The appeal be upheld.

2. The appellant be re-sentenced as follows:

(a) for the offence of abduction, three years imprisonment to commence on 11 October 2013.

(b) for the first offence of sexual intercourse without consent, four years imprisonment to commence on 11 October 2013.

(c) for the act of indecency without consent, two years and six months imprisonment to commence on 11 August 2015.

(d) for the offence of unlawful confinement, three years imprisonment to commence on 11 August 2015.

(e) for the second offence of sexual intercourse without consent, five years imprisonment to commence on 11 August 2014.

3. A non parole period be set to commence on 11 October 2013 and end on 10 August 2017.

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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