Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Troy Douglas Pleace v R [2017] NSWCCA 112 Hearing dates: 28 April 2017 Date of orders: 31 May 2017 Decision date: 31 May 2017 Before: Hoeben CJ at CL at [1]
Fullerton J at [2]
Hamill J at [3]Decision: Application for leave to appeal granted. Appeal dismissed.
Catchwords: CRIMINAL LAW – appeal against sentence – enter with intent to commit offence of intimidation – assault occasioning actual bodily harm – assault with crow bar in victim’s home – whether sentence manifestly excessive – where applicant suffering severe psychiatric condition – schizophrenia -– relevance of statistics and outcomes in other cases – sentence high but not plainly wrong or unjust Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999Cases Cited: Betts v The Queen [2016] HCA 25
Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54
Dyer v R [2011] NSWCCA 185
Kennedy v R [2013] NSWCCA 19
Lowndes v The Queen (1999) 195 CLR 665; [1999] HCA 29
R v Hammoud [2000] NSWCCA 540; 118 A Crim R 66
R v Mitropoulos [2004] NSWCCA 402
R v Togher [2012] NSWDC 276
Sabongi v R [2015] NSWCCA 25Category: Principal judgment Parties: Troy Douglas Pleace - Applicant
Regina – Respondent CrownRepresentation: Counsel:
Solicitors:
Ms K Stares -Applicant
Mr S Hughes – Respondent Crown
Legal Aid NSW – Applicant
Solicitor for Public Prosecutions – Respondent Crown
File Number(s): 2014/69677 Decision under appeal
- Court or tribunal:
- District Court of NSW
- Jurisdiction:
- Criminal
- Date of Decision:
- 29/01/2016 and 01/04/2016
- Before:
- Berman SC DCJ
- File Number(s):
- 2014/69677
Judgment
HOEBEN CJ at CL
-
I agree with Hamill J and the orders which he proposes.
FULLERTON J
-
I agree with Hamill J.
HAMILL J
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Troy Douglas Pleace (“the applicant”) seeks leave to appeal against an aggregate sentence imposed on him by Judge Berman SC in the District Court on 1 April 2016. The sole ground of appeal is that the sentence is manifestly excessive.
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The applicant pleaded guilty to entering a dwelling house with intent to commit the serious indictable offence of intimidation (“enter with intent”). This is an offence contrary to s 111(2) of the Crimes Act 1900 and carries a maximum penalty of 14 years imprisonment. He also pleaded guilty to an offence of assault occasioning actual bodily harm under s 59(1) of the Crimes Act, an offence carrying a maximum penalty of 5 years. Initially, it was understood that the applicant would ask that an offence of common assault be taken into account on sentencing and there is a Form 1 within the appeal papers. However, the applicant denied committing this offence when asked about it by the sentencing judge and his Honour said that it was not taken into account.
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The sentencing judge imposed an aggregate sentence under s 53A of the Crimes (Sentencing Procedure) Act 1999. The aggregate head sentence was five years and the aggregate non-parole period was 3…
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- AGLC
- Troy Douglas Pleace v The Queen [2017] NSWCCA 112
- Case
- [2017] NSWCCA 112
- Decision Date
CaseChat Overview and Summary
The court was required to consider whether the sentence imposed was manifestly excessive, taking into account the nature of the offence, the circumstances of the applicant, and the principles of sentencing. The court had to evaluate the relevance of Pleace's psychiatric condition and the broader context of similar cases. The primary focus was on whether the sentence was plainly wrong or unjust.
The court found that while the sentence was high, it was not manifestly excessive. It noted the seriousness of the offence and the need to consider deterrence and denunciation. The court also recognised Pleace's psychiatric condition but found that it did not warrant a reduction in the sentence to the extent argued by the defence. The statistics and outcomes from other cases were considered, but the court determined that they did not significantly alter the overall assessment of the sentence. Consequently, the appeal against sentence was dismissed.
The court's final order was that the appeal against sentence was 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
Legal Principle Established
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