New South Wales
Court of Criminal Appeal
CITATION: Towers v R [2008] NSWCCA 283 HEARING DATE(S): 19/11/08
JUDGMENT DATE:
22 December 2008JUDGMENT OF: Beazley JA at 1; Kirby J at 2; Hall J at 76 DECISION: (1) Leave to appeal granted.
(2) The appeal allowed.
(3) The sentence imposed by Bennett DCJ is quashed and, in lieu thereof:
Count 2: Taking account of the offences on the Form 1, a non parole period of 2 years to commence on 19.7.07 and to expire on 18.7.09; with an additional term of 2 years 6 months to commence on 19.7.09 and to expire on 18.1.12.
Counts 3 and 4: In each case, a fixed term of 1 years imprisonment to commence on 19.7.07 and to expire on 18.7.08.
Count 5: A fixed term of 9 months to commence on 19.7.07 and to expire on 18.4.08.
The earliest date upon which the applicant will become eligible to be released on parole is 18.7.09.CATCHWORDS: Criminal Practice & Procedure - appeal against sentence - home invasion and assault - matters of aggravation - whether double punishment to use violence to aggravate home invasion and charge assault - vulnerability of victim - victims in early 60's - revocation of parole - whether sentence should be backdated - whether sentence manifestly excessive. LEGISLATION CITED: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Correctional Centres Act 1952 (NSW)
Criminal Appeal Act 1912CATEGORY: Principal judgment CASES CITED: R v Kerrie-Ellen Robyn Knight [2005] NSWCCA 253
R v Wickham [2004] NSWCCA 193
Pearce v The Queen [1998] HCA 57; (1998) 194 CLR 610
Lucy Dudko [2002] NSWCCA 336; (2002) 132 A Crim R 371
Kokaua v Regina [2008] NSWCCA 111
R v Tadrosse [2005] NSWCCA 145; (2005) 65 NSWLR 740
Postiglione v The Queen [1997] HCA 26; (1996-1997) 189 CLR 295
Callaghan v Regina [2006] NSWCCA 58; (2006) 160 A Crim R 145
R v MMK [2006] NSWCCA 272; (2006) 164 A Crim R 481
R v Henry [1999] NSWCCA 111; (1999) 46 NSWLR 346
R v Osenkowski (1982) 30 SASR 212; 5 A Crim R 394
R v Thomson & Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383
R v MAK and MSK [2006] NSWCCA 381; (2006) 167 A Crim R 159
R v Hammoud [2000] NSWCCA 540; (2000) 118 A Crim R 66
Cahyadi v The Queen [2007] NSWCCA 1; (2007) 168 A Crim R 41
SGJ v R; KU v R [2008] NSWCCA 258PARTIES: Alicia Lee Towers (Appl)
Regina (Resp)FILE NUMBER(S): CCA 2007/5106 COUNSEL: H Cox (Appl)
V Lydiard (Resp/Crown)SOLICITORS: K Wells - ALS (Appl)
S Kavanagh (Resp/Crown)LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): 07/31/0143 LOWER COURT JUDICIAL OFFICER: Bennett DCJ LOWER COURT DATE OF DECISION: 26/10/07
CCA 2007/5106
Monday 22 December 2008BEAZLEY JA
KIRBY J
HALL J
Alicia Lee TOWERS v REGINA
Judgment
1 BEAZLEY JA: I agree with Kirby J.
2 KIRBY J
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- AGLC
- Towers v The Queen [2008] NSWCCA 283
- Case
- [2008] NSWCCA 283
- Decision Date
CaseChat Overview and Summary
Towers appealed against the sentence imposed by the trial judge, following his conviction for home invasion and assault. The appeal was heard by the Court of Appeal, which was required to determine several issues, including whether the trial judge erred in considering certain matters of aggravation and whether the sentence was manifestly excessive. The appellant also sought to have the sentence backdated to the date of his parole revocation.
The Court of Appeal held that the trial judge did not err in considering the matters of aggravation in the sentence. It was determined that using violence to facilitate a home invasion and subsequently charging the offender with assault did not constitute double punishment. The court emphasised that the vulnerability of the victims, who were in their early 60s, was a relevant factor in the sentencing process. The Court of Appeal also dismissed the appellant's argument that the sentence should be backdated to the date of his parole revocation. The appeal was ultimately dismissed, and the original sentence was upheld.
The Court of Appeal held that the trial judge did not err in considering the matters of aggravation in the sentence. It was determined that using violence to facilitate a home invasion and subsequently charging the offender with assault did not constitute double punishment. The court emphasised that the vulnerability of the victims, who were in their early 60s, was a relevant factor in the sentencing process. The Court of Appeal also dismissed the appellant's argument that the sentence should be backdated to the date of his parole revocation. The appeal was ultimately dismissed, and the original sentence was upheld.
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
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