Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Sullivan v R [2012] NSWCCA 41 Hearing dates: 25 November 2011 Decision date: 22 March 2012 Before: McClellan CJ at CL at 1
Blanch J at 2
Hislop J at 74Decision: Grant an extension of time to appeal against conviction and to seek leave to appeal against sentence.
Grant leave to appeal against sentence.
Dismiss the appeal against conviction and sentence.
Catchwords: CRIMINAL LAW - murder - reckless indifference to human life - intoxication - unreasonable verdicts - fact finding on sentencing - standard non-parole periods Legislation Cited: Crimes Act 1900
Evidence Act 1995Cases Cited: Regina v Stones [1956] State Reports 25
Viro v The Queen (1976-1978) 141 CLR 88
R v Andres Galambos (1980) 2 A Crim R 388
Pemble v The Queen (1971) 124 CLR 107
Bellchambers v Regina [2008] NSWCCA 235
R v White, Evans and Parker (1988) 17 NSWLR 195
Crabbe v The Queen (1985) 156 CLR 464
Royall v The Queen (1990) 172 CLR 378
R v Shaw (1981) 2 NSWLR 648
R v Murray and R v Manton (1980) 2 NSWLR 526
R v O'Connor (1980) 54 ALJR 349
SKA v The Queen [2011] HCA 13
M v The Queen (1994) 181 CLR 487
R v Isaacs (1996-1997) 41 NSWLR 374
The Queen v Olbrich (1999-2000) 199 CLR 270
Mulato v Regina [2006] NSWCCA 282
Veen v The Queen (No. 2) (1987-1988) 164 CLR 465Category: Principal judgment Parties: Anthony Ramon Sullivan (Applicant)
Regina (Respondent)Representation: M Ramage QC (Applicant)
P Ingram SC (Respondent)
Jeffreys Lawyers (Applicant)
S Kavanagh (Respondent)
File Number(s): 2008/8730 Decision under appeal
- Citation:
- R v Anthony Ramon Sullivan
- Date of Decision:
- 2010-07-09 00:00:00
- Before:
- Fullerton J
- File Number(s):
- 2008/8730
Judgment
McCLELLAN CJ at CL: I agree with Blanch J.
BLANCH J: The applicant seeks an extension of time within which to appeal against his conviction for murder and for leave to appeal against the sentence imposed. The grounds of appeal are:
(1) The trial miscarried as a result of a failure to direct on intoxication.
(2) The trial miscarried as a result of a failure to insufficiently direct on reckless indifference.
(3) The verdict was unreasonable.
The trial occurred between 24 June and 7 July 2009 and a verdict of guilty of murder was returned by the jury on a charge that on 3 October 2007 at The Entrance in the State of New South Wales the applicant did murder Adam Guy Prochilo.
On 9 July 2010 he was sentenced to 25 years imprisonment comprised of a non-parole period of 18 years and 9 months and a balance of term of 6 years and 3 months to date from 7 October 2007.
The facts
The applicant and the deceased were known to each other. The applicant sold drugs to the deceased which were sometimes paid for in money and sometimes in the form of goods. Prior to 3 October 2007, the date of the alleged offence,…
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- AGLC
- Sullivan v The Queen [2012] NSWCCA 41
- Case
- [2012] NSWCCA 41
- Decision Date
CaseChat Overview and Summary
The court began by examining the legal principles surrounding recklessness and intoxication in the context of murder. The High Court recognised that while intoxication may mitigate the severity of a crime, it does not absolve the offender of criminal responsibility if they acted with reckless indifference to human life. In this case, the court found that the jury was entitled to conclude that Sullivan's extreme intoxication did not negate his capacity to act with reckless indifference. The court emphasised that the jury had access to all the evidence and was in the best position to assess Sullivan's state of mind and the circumstances of the incident. The court found no basis to conclude that the jury's verdict was unreasonable.
The court further addressed the issue of fact-finding during sentencing, noting that the trial judge had appropriately considered the circumstances of the case, including Sullivan's intoxication, in determining the appropriate penalty. The court held that the trial judge did not err in declining to reduce the standard non-parole period based on the intoxication. The High Court ultimately upheld the conviction and sentence imposed by the trial judge, affirming that the jury's verdict was sound and that the sentence was appropriate given the gravity of the offence.
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
Established by: CLELLAN CJ
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