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Court of Criminal Appeal 16 August 1999

R v Reynolds

[1999] NSWCCA 238

Assault & violenceTheft & property

Citation: R v Reynolds [1999] NSWCCA 238
Court: NSW Court of Criminal Appeal
Date: 16 August 1999
Judge(s): Wood CJ at CL; Greg James J

Background

The applicant pleaded guilty in the District Court to two counts of robbery from the person, both committed at shops in the Newcastle region. The offences involved a total of approximately $800 and a cash register, and on each occasion the victim was a shopkeeper who became involved in a physical struggle with the applicant. One victim suffered injuries to her back and arm; the other was punched in the face.

Both offences were committed while the applicant was subject to existing court orders: a recognisance to be of good behaviour and a periodic detention order, each arising from prior matters. The applicant had a criminal history involving drug abuse, assault, and break, enter and steal offences, and committed the robberies to fund a drug addiction.

The District Court (Job DCJ) sentenced the applicant to concurrent minimum terms of two years' penal servitude with additional terms of two years. The applicant, unrepresented on appeal, sought leave to appeal against the severity of that sentence.

  • Whether the sentencing judge fell into error in accepting the guilty pleas to the robbery charges.
  • Whether the sentences imposed were within the appropriate range for offences of robbery from the person, having regard to objective seriousness and the applicant's subjective circumstances, including his drug addiction and guilty pleas.
  • Whether the proportion between the minimum and additional terms was appropriate.

Decision

The Court of Criminal Appeal refused leave to appeal unanimously, finding that the appeal raised no question of general principle and disclosed no error on the part of the sentencing judge. The Court noted that the essential legal ingredients of the robbery offences had been properly admitted, and the facts placed before the sentencing judge supported the charges to which the pleas were entered.

The Court confirmed that robbery from the person is a serious offence attracting significant custodial sentences, citing earlier Court of Criminal Appeal authority. The concurrent sentences of two years' minimum and two years' additional term were found to fall entirely within the legitimate range, and the sentencing judge was held to have given appropriate weight to the plea of guilty and the applicant's drug dependency, both in setting the overall sentence and in calibrating the ratio between minimum and additional terms.

The Court also noted, separately, that the applicant's request for a compassionate visit to his terminally ill mother in Newcastle warranted careful consideration by the Corrective Services Commission. Greg James J suggested that the recommendation be conveyed to the relevant officers when the applicant was returned to custody, particularly given a pending transfer to Junee that would take him further from Newcastle.

Orders Made

  • Application for leave to appeal against severity of sentence refused.
  • Sentence imposed in the District Court confirmed.

Key Takeaways

  • Robbery from the person under s 94 of the Crimes Act is a serious offence for which significant custodial sentences are appropriate, consistent with the Court of Criminal Appeal's earlier decisions in Valentini and Redman.
  • No error was established in the sentencing judge's acceptance of guilty pleas where the admitted facts supported the charges and the essential legal ingredients were properly conceded.
  • A guilty plea and evidence of drug addiction are relevant subjective factors in sentencing, but their weight does not necessarily reduce a sentence below the applicable range for serious offences.
  • In dismissing the application, the Court confirmed that the ratio between minimum and additional terms is a distinct consideration that the sentencing court must address, and that it was properly handled here.
  • The Court of Criminal Appeal, while declining to interfere with the sentence, used its judgment to flag a humanitarian concern, recommending that a compassionate prison visit request receive attention before any transfer disrupted the practicability of the arrangement.

Legislation and Cases Referenced

Legislation
- Crimes Act 1900 (NSW), s 94 (robbery from the person)
- Criminal Appeal Act 1912 (NSW), s 21A

Cases
- Valentini (1989) 46 A Crim R 23
- Redman (1990) 47 A Crim R 181