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Court of Criminal Appeal 7 December 1999

Regina v S Griggs

[1999] NSWCCA 398

Public order & justice offences
(NO QUESTION OF PRINCIPLE INVOLVED)

Citation: Regina v S Griggs [1999] NSWCCA 398
Court: NSW Court of Criminal Appeal
Date: 7 December 1999
Judge(s): Sperling J, Sully J, Hulme J

Background

The appellant, Scott Griggs, had been sentenced by the Hornsby Local Court on 24 March 1999 to a fixed term of twelve months' imprisonment, commencing 9 February 1999, for breach of recognizance. A recognizance is a formal undertaking given to a court, often as a condition of release, and a breach of it can result in imprisonment.

Following a separate Court of Criminal Appeal decision on 23 November 1999 (in proceedings 60387 of 1999), the appellant applied to the Supreme Court under section 474D of the Crimes Act 1900 for an inquiry into the sentence. Newman J allocated the application and referred the matter to the Court of Criminal Appeal under section 474E to be dealt with as an appeal.

  • Whether the Supreme Court inquiry provisions under sections 474D and 474E of the Crimes Act 1900 apply to sentences imposed in the Local Court.
  • Whether, in light of the earlier Court of Criminal Appeal decision of 23 November 1999, a less severe sentence was warranted in law under section 6(3) of the Criminal Appeal Act 1912.

Decision

Sperling J, delivering the leading judgment, confirmed that sections 474D and 474E of the Crimes Act 1900 apply to convictions and sentences in the Local Court, citing the decision in Pearson (1999) 162 ALR 248. The referral by Newman J to the Court of Criminal Appeal was therefore procedurally valid.

Having regard to the circumstances set out in the earlier judgment of 23 November 1999, Sperling J concluded that a less severe sentence was warranted in law under section 6(3) of the Criminal Appeal Act 1912. The Crown did not oppose the reduction. Sully J and Hulme J both agreed with the proposed orders.

The sentence was reduced from twelve months to ten months, with the same commencement date of 9 February 1999, causing the sentence to expire on 8 December 1999, the day after the appeal was decided.

Orders Made

  • Appeal allowed.
  • Sentence imposed by the Hornsby Local Court on 24 March 1999 for breach of recognizance, quashed.
  • Appellant sentenced to a fixed term of imprisonment of 10 months commencing on 9 February 1999 and expiring on 8 December 1999.

Key Takeaways

  • Sections 474D and 474E of the Crimes Act 1900 extend to convictions and sentences imposed in the Local Court, not only those of superior courts, as confirmed by reference to Pearson (1999) 162 ALR 248.
  • Under section 474E, a matter referred to the Court of Criminal Appeal following a Supreme Court inquiry application is to be dealt with as an appeal.
  • A successful inquiry referral under sections 474D and 474E can result in resentencing by the Court of Criminal Appeal where a less severe sentence is warranted in law under section 6(3) of the Criminal Appeal Act 1912.
  • The Court of Criminal Appeal noted this decision involved no question of principle, indicating its significance is limited to the particular facts and the procedural pathway used.
  • An earlier determination by the same court in related proceedings can inform the sentencing outcome on a subsequent inquiry referral concerning the same appellant.

Legislation and Cases Referenced

Legislation:
- Crimes Act 1900 (NSW), sections 474D and 474E
- Criminal Appeal Act 1912 (NSW), section 6(3)

Cases:
- Pearson (1999) 162 ALR 248
- Regina v S Griggs, Court of Criminal Appeal 60387/99 (23 November 1999, unreported in this text)