SUPREME COURT OF SOUTH AUSTRALIA
(Court of Criminal Appeal)
TENNANT v THE QUEEN
[2020] SASCFC 26
Judgment of The Court of Criminal Appeal
(The Honourable Chief Justice Kourakis, The Honourable Justice Bampton and The Honourable Justice Hughes)
23 April 2020
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MANSLAUGHTER - SENTENCE
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS - NATURE AND CIRCUMSTANCES OF OFFENCE
Appeal against sentence for an offence of manslaughter by unlawful and dangerous act – whether the sentence imposed was manifestly excessive.
Held (per Bampton J, Kourakis CJ and Hughes J agreeing): Appeal dismissed – the sentence imposed by the Judge was not manifestly excessive.
Sentencing Act 2017 (SA), referred to.
R v Liddy (No 2) (2002) 84 SASR 231, applied.
R v Tennant [2019] SASC 150; Coleman v Zanker (1991) 58 SASR 7; Considine v Kirkpatrick (1971) SASR 73; Ward v The Queen [2013] NSWCCA 46; R v Peerdikoyiannis, Condo & Peabody [2011] SASCFC 82; R v Duke [2000] SASC 254; R v Lupoi (1984) A Crim R 183; R v Piotrowski (1990) 156 LSJS 254; Munda v Western Australia (2013) 249 CLR 600; Kentwell v The Queen (2014) 252 CLR 601, considered.
TENNANT v THE QUEEN
[2020] SASCFC 26Court of Criminal Appeal: Kourakis CJ, Bampton and Hughes JJ
KOURAKIS CJ: I agree that the appeal should be dismissed for the reasons given by Bampton J.
BAMPTON J: Adriana Betty Tennant was charged with murder. She pleaded guilty to manslaughter on the morning of her trial before a Judge sitting alone. The plea was not accepted and the matter proceeded to trial. Ms Tennant was found not guilty of murder but guilty of manslaughter by unlawful and dangerous act.
Ms Tennant was sentenced to 10 years imprisonment reduced to nine years on account of her guilty plea. As mandated by s 47(5)(d) of the Sentencing Act 2017 (SA) (“the Sentencing Act”), a non-parole period four-fifths the length of the head sentence of seven years, two months, and 12 days was fixed. Ms Tennant was also disqualified from holding or obtaining a driver’s licence for 12 years from the date she is released from custody.
Ms Tennant appeals with permission on ground 1, which asserts that the sentence is manifestly excessive. The following proposed grounds 2 to 12 have been referred to this Court for permission:
2.The conceptual starting point of 10 years, prior to the Discount for Plea, was such as to negate, nullify or subsume the appropriate purpose and effect of the discount.
3.The Judge erred in affording disproportionate emphasis and weight to the victim impact statements, and/or permitting to stand within them the inclusion of inappropriate and irrelevant material, to such a degree that the exercise of the sentencing discretion miscarried.
4.The Judge erred, in affording disproportionate weight to “the context in which the events that afternoon…
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CaseChat Overview and Summary
The legal issue before the Full Court was to determine if the sentencing judge had erred in imposing a sentence that was outside the permissible range for the offence and the offender, or if any error of fact or law had occurred. This required the court to assess whether the sentencing judge had given proper regard to all relevant factors, including the personal circumstances of Ms Tennant, when determining the appropriate punishment.
The Full Court, in dismissing the appeal, reasoned that the sentencing judge had properly considered Ms Tennant's personal circumstances and had given appropriate regard to all relevant factors. The court found that it was open to the sentencing judge, on the facts presented, to conclude that Ms Tennant's conduct fell within a very serious category of manslaughter by unlawful and dangerous act. Consequently, the sentence imposed was not considered to be outside the permissible range, nor was any error of fact or law identified.
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