Court of Criminal Appeal
New South Wales
Case Title: Sullivan v R Medium Neutral Citation: [2011] NSWCCA 270 Hearing Date(s): 25 November 2011 Decision Date: 12 December 2011 Jurisdiction: Before: McClellan CJ at CL at 1
Blanch J at 2
Hislop J atDecision: 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 465Texts Cited: Category: Principal judgment Parties: Anthony Ramon Sullivan (Applicant)
Regina (Respondent)Representation - Counsel: M Ramage QC (Applicant)
P Ingram SC (Respondent)- Solicitors: Jeffreys Lawyers (Applicant)
S Kavanagh (Respondent)File number(s): 2008/8730 Decision Under Appeal - Court / Tribunal: Supreme Court - Before: Fullerton J - Date of Decision: 09 July 2010 - Citation: R v Anthony Ramon Sullivan - Court File Number(s) 2008/8730 Publication Restriction:
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…
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- Sullivan v The Queen [2011] NSWCCA 270
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- [2011] NSWCCA 270
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CaseChat Overview and Summary
The court examined the trial judge's direction on intoxication and whether it adequately informed the jury of how intoxication might affect Sullivan's capacity to form the requisite intent for murder. The court considered whether the direction was clear and whether it encompassed all aspects of intoxication that could negate the intent necessary for a murder conviction. Additionally, the court assessed the evidence presented and the jury's verdict to determine if it was unreasonable. The court looked at the witness testimonies, the credibility of the evidence, and whether the jury could have reasonably concluded that Sullivan acted with reckless indifference to human life.
The court found that the trial judge's direction on intoxication was insufficient as it did not adequately address how intoxication might negate the intent required for murder under section 18A. The court concluded that the direction was inadequate in guiding the jury on the potential mitigating effects of intoxication on Sullivan's intent. Furthermore, the court found that the verdict was unreasonable given the evidence presented, particularly the varying accounts of the witnesses and the potential for bias due to intoxication. The court held that the trial miscarried due to the inadequate direction on intoxication and the unreasonableness of the verdict.
The appeal was allowed, the conviction was quashed, and a re-trial was ordered. The court set aside the original sentence and directed that a new trial be held to ensure that the jury received a proper direction on intoxication. The court emphasized the importance of a correct legal direction to ensure a fair trial and to uphold the integrity of the judicial process.
Orders
Orders of the court
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Background
Background to the litigation
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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