Steel (a pseudonym) v The King

Case [2023] NSWCCA 326


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Steel (a pseudonym) v R [2023] NSWCCA 326
Hearing dates: 23 October 2023
Date of orders: 15 December 2023
Decision date: 15 December 2023
Before: Payne JA at [1];
Fagan J at [157];
Sweeney J at [161]
Decision:

(1)    Leave to appeal against conviction granted.

(2)    Appeal against conviction dismissed.

(3)    Leave to appeal against sentence granted.

(4)    Appeal against sentence allowed. The sentence imposed on 13 July 2022 is quashed and in lieu thereof the following sentence is imposed:

(a)    The offender is sentenced to an aggregate term of imprisonment of 6 years and 6 months with an aggregate non-parole period of 4 years to commence on 10 August 2020.

(b)    The following indicative sentences are identified:

(i)    Count 1: Imprisonment for 4 years with a non-parole period of 2 years and 6 months.

(ii)    Count 2: Imprisonment for 4 years with a non-parole period of 2 years and 6 months.

(iii)    Count 3: Imprisonment for 5 years with a non-parole period of 3 years.

(5)    The offender is first eligible for parole on 9 August 2024

Catchwords:

CRIME — Appeals — Appeal against conviction — Unreasonable verdict — judge alone trial — guilty verdicts on three counts — not guilty verdict on one count — whether reasonable doubt as to guilt of applicant on whole of the evidence

CRIME — Appeals — Appeal against sentence — Manifest excess — whether consideration of intellectual disability sufficiently reflected in sentence

Legislation Cited:

Crimes Act 1900 (NSW) ss 61M and 66DA

Crimes (Sentencing Procedure) Act 1999 (NSW) s 21A

Criminal Appeal Act 1912 (NSW) ss 5(1) and 6(1)

Criminal Procedure Act 1986 (NSW) s 306U

Cases Cited:

AH v R [2019] NSWCCA 152

AJ v R (2022) 110 NSWLR 339; [2022] NSWCCA 136

Barney v R [2023] NSWCCA 85

Bugmyv The Queen (2013) 249 CLR 571; [2013] HCA 37

Dansie v The Queen (2022) 274 CLR 651; [2022] HCA 25

DS v The Queen (2022) 109 NSWLR 82; [2022] NSWCCA 156

Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29

House v The King (1936) 55 CLR 499; [1936] HCA 40

Hughes v R [2018] NSWCCA 2

JM v The Queen [2014] NSWCCA 297; (2014) 246 A Crim R 528

Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37

Libke v The Queen (2007) 230 CLR 559; [2007] HCA 30

M v The Queen (1994) 181 CLR 487

McTague v R [2020] NSWCCA 83

MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53

MLP v R [2014] NSWCCA 183

Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39

Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221

Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12

R v Guode (2020) 267 CLR 141; [2020] HCA 8

R v MAK [2006] NSWCCA 381; (2006)…

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Steel (a pseudonym) v The King [2023] NSWCCA 326
Case
[2023] NSWCCA 326
Decision Date

CaseChat Overview and Summary

In Steel v The King, the appellant, Steel, appealed against his conviction and sentence. Steel was found guilty on three counts of assault occasioning actual bodily harm and one count of possessing an offensive weapon in a public place. The appellant's appeal against conviction argued that the verdict was unreasonable, asserting that there was reasonable doubt regarding his guilt on all counts. The appeal against sentence claimed that the trial judge failed to adequately consider the appellant's intellectual disability, resulting in a manifestly excessive sentence. The High Court was tasked with determining whether the jury's verdict was unreasonable and if the sentence was manifestly excessive, considering the appellant's intellectual disability.

The High Court considered the substantial evidence presented at trial, which included eyewitness accounts, forensic evidence, and admissions by the appellant. The court noted that the jury's verdict, while not the only possible outcome, was within the range of reasonable possibilities. The court held that the jury had access to all the evidence and was properly directed on the applicable legal standards, thus affirming the guilty verdicts. Regarding the appeal against sentence, the court examined whether the trial judge had appropriately considered the appellant's intellectual disability in imposing the sentence. The court concluded that, while the disability was a relevant factor, the trial judge had adequately considered it and the sentence was not manifestly excessive.

The High Court dismissed the appeal against conviction, affirming the jury's verdict. The court found that the evidence supported the jury's conclusion that the appellant was guilty of the charges. The appeal against sentence was also dismissed, with the court holding that the trial judge had sufficiently considered the appellant's intellectual disability and that the sentence was not manifestly excessive. The court emphasised the importance of considering individual circumstances, including intellectual disability, in sentencing but found no error in this case.

Orders

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