Steer v The Queen

In the case of Steer v The Queen, the applicant, Steer, sought an out-of-time application to appeal his conviction and sentence for the offence of attempting to escape lawful custody. The decision was handed down by the High Court of Australia. The applicant had been sentenced to imprisonment for a period of 15 years, following a conviction for attempting to escape lawful custody by breaking out of a secure facility. Steer contended that his actions were not sufficiently proximate to the completed offence to amount to an attempt and that the sentence was manifestly excessive.

The legal issues before the court involved the interpretation of the offence of attempting to escape lawful custody under the common law, specifically whether the applicant's actions were sufficiently proximate to the completed offence to constitute an attempt. Additionally, the court was required to consider whether the sentence imposed was manifestly excessive, thereby warranting an appeal. The court examined the applicant's conduct in light of the principles established in previous cases, particularly those that dealt with the nature and scope of the offence of attempting to escape lawful custody.

The High Court determined that the applicant's actions were indeed sufficiently proximate to the completed offence of escaping lawful custody to constitute an attempt. The court held that the applicant's conduct demonstrated a clear intent to escape and a significant step towards achieving that goal, which was enough to satisfy the legal criteria for an attempt. However, the court also considered the question of the sentence's excessiveness. It found that while the sentence was indeed severe, it was not so disproportionate to the offence as to warrant an appeal. The court concluded that the sentence was within the range of what could be considered appropriate for the offence of attempting to escape lawful custody, taking into account the circumstances of the case and the need for deterrence and denunciation.

As a result of the court's decision, Steer's application for an out-of-time appeal against his conviction and sentence was dismissed. The conviction and sentence were upheld, and no further appeal was granted. The High Court's ruling clarified the legal standards for the offence of attempting to escape lawful custody and provided guidance on the appropriate sentencing considerations for such offences.