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Court of Criminal Appeal 25 May 2001

Regina v Hall

[2001] NSWCCA 202

Assault & violenceHomicideTraffic & driving

Citation: Regina v Hall [2001] NSWCCA 202
Court: New South Wales Court of Criminal Appeal
Date: 25 May 2001
Judge(s): Meagher JA, Sully J, Howie J (Meagher JA and Howie J agreeing with Sully J)

Background

The appellant was tried before Hidden J in the Supreme Court on an indictment containing ten counts arising from two incidents in December 1996. The central events occurred on 15 December 1996 in Drummoyne, when the appellant, heavily intoxicated, became involved in a street altercation after leaving a hotel. After being bested in a fight, he drove away, then performed a U-turn and drove back toward the group, striking two men. He then drove to the end of the street, turned, and drove back a second time, striking three further people, including a woman who died from her injuries a week later.

The jury returned verdicts of guilty on four counts, including murder (count 7) and three counts of maliciously inflicting grievous bodily harm with intent. The appellant had pleaded guilty to two counts (counts 6 and 10, relating to drunken driving causing grievous bodily harm), but the Crown did not accept those pleas in full discharge of the indictment.

Hidden J sentenced the appellant to 19 years and 6 months imprisonment for the murder, with concurrent fixed terms of 10 years for each of the three remaining offences. A minimum term of 14 years and 6 months was set, with an additional term of 5 years. The appellant challenged the murder conviction and one of the grievous bodily harm convictions, as well as the overall severity of his sentence.

  • Whether the trial judge misdirected the jury on the element of recklessness as it applied to the murder and grievous bodily harm charges
  • Whether the verdicts on counts 7 (murder) and 9 (malicious infliction of grievous bodily harm) were supportable on the evidence
  • Whether the trial judge erred by failing to leave manslaughter by reason of provocation for the jury's consideration
  • Whether the sentences imposed were outside the range of a proper sentencing discretion

Decision

The Court dismissed all three grounds of appeal against conviction. On the first ground, the Court examined Hidden J's directions to the jury in detail, concluding that the directions on recklessness were correct and did not constitute error.

On the second ground, the Court found the jury verdicts on counts 7 and 9 were supported by the evidence. The facts, as summarised in Hidden J's findings, disclosed two deliberate return drives by the appellant into groups of people on the street, amply supporting the jury's conclusions.

On the third ground, the Court found no error in the trial judge's decision not to leave provocation in the context of a manslaughter alternative. The circumstances as established at trial did not warrant that direction being given.

On sentence, the Court upheld Hidden J's sentencing discretion as properly exercised. Sully J cited the principle, affirmed repeatedly in the Court of Criminal Appeal, that crimes involving dangerous driving causing death or grievous bodily harm attract serious criminal consequences, and that general deterrence is a significant sentencing consideration. The Court noted that where a motor vehicle is used as the weapon to commit murder, those considerations apply with even greater force. Hidden J's characterisation of the appellant's conduct as a "dreadful criminal enterprise" was endorsed.

Orders Made

  • Appeal against conviction dismissed
  • Leave granted to appeal against sentence
  • Appeal against sentence dismissed

Key Takeaways

  • The Court of Criminal Appeal confirmed that where a motor vehicle is used as the instrument of murder, the sentencing principles applicable to dangerous driving causing death apply with heightened force, and general deterrence carries particular weight.
  • In dismissing the conviction appeal, the Court found that a trial judge's written outline of offence elements and possible verdicts, provided to the jury before formal directions, can form part of a lawful and clear charge.
  • No error was established in a trial judge's refusal to leave manslaughter by provocation where the evidence at trial did not support that alternative.
  • Sufficient evidence existed to sustain guilty verdicts for murder and malicious infliction of grievous bodily harm arising from a deliberate return drive into pedestrians, notwithstanding the appellant's intoxicated state.
  • Upholding the sentence, the Court affirmed that crimes of this kind are frequently committed by young offenders of previously good character, and that this factor does not displace the need for a sentence reflecting the gravity of the offending and the demands of general deterrence.

Legislation and Cases Referenced

Legislation
- Crimes Act 1900 (NSW)

Cases
- R v Annakin & ors (1988) 17 NSWLR 202
- R v White, Eaves and Parker (1988) 17 NSWLR 195
- R v Johnson (1917) 17 SR (NSW) 481
- R v Sorlie (1925) 25 SR (NSW) 532
- R v Parker (1974) 1 NSWLR 14
- Fleming v The Queen (1998) 197 CLR 250
- M v The Queen (1994) 181 CLR 487
- McKnoulty (1994) 77 A Crim R 333
- Gordon (1991) 57 A Crim R 413
- Tumanako (1992) 64 A Crim R 149
- Gardener (1989) 41 A Crim R 279
- Mui Ky Chhay (1994) 72 A Crim R 1
- Peisley (1990) 54 A Crim R 42
- Murnin, NSWCCA, 16 August 1985
- Slattery (1996) 90 A Crim R 519