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Court of Criminal Appeal 14 September 2007

Suttle v R

[2007] NSWCCA 264

Assault & violenceTheft & property
CRIMINAL LAW APPEAL SENTENCING ERROR NOT SHOWN

Citation: Suttle v R [2007] NSWCCA 264
Court: NSW Court of Criminal Appeal
Date: 14 September 2007
Judges: Basten JA, Latham J, Rothman J

Background

The appellant pleaded guilty in the District Court to robbery in company under s 97(1) of the Crimes Act 1900 (NSW), which carries a maximum penalty of 20 years' imprisonment. The offence involved a violent assault on a woman travelling by train near Mount Druitt, during which the victim suffered multiple punches to the face and head, was dragged to the floor, and had her mobile phone taken from her.

Knight DCJ sentenced the appellant to a non-parole period of 1 year and 3 months, with a balance of term of a further 1 year and 3 months, and ordered her release on parole on certain conditions. The appellant had a significant psychiatric history, including multiple hospitalisations, diagnoses of schizophrenia and bipolar disorder, and a history of polysubstance abuse. Expert evidence from a forensic psychiatrist, Dr Bruce Westmore, was placed before the sentencing judge.

The appellant sought leave to appeal to the Court of Criminal Appeal, arguing the sentence was manifestly excessive and that the sentencing judge had failed to give adequate weight to her mental health condition.

  • Whether the head sentence and non-parole period were manifestly excessive in all the circumstances
  • Whether the sentencing judge gave adequate consideration to the appellant's mental health condition when imposing sentence

Decision

The Court of Criminal Appeal unanimously dismissed the appeal, though it granted leave given the complexity that mental health conditions can introduce into sentencing.

On the question of mental illness as a sentencing factor, the Court confirmed that a mental health condition does not automatically reduce criminal culpability. In this case, there was no evidence that the offending was caused by the appellant's delusions or by an inability to control an aggressive response. Accordingly, her psychiatric condition did not lessen her criminal responsibility for the robbery.

However, the Court emphasised that mental illness is not irrelevant once culpability is assessed. It bears on the proper balance between the competing goals of sentencing, including general deterrence, specific deterrence, rehabilitation, and the protection of the community. Basten JA cautioned against the approach of identifying a notional sentence absent mental illness and then simply "adjusting" it downward. Mental illness can, in varied ways, colour the entire sentencing exercise.

Rothman J, with whom the other judges agreed, found that Knight DCJ had in fact given considerable and appropriate weight to the appellant's mental health. The sentence imposed reflected a significant departure downward from the mid-range head sentence identified in R v Henry, a departure that could not be explained solely by the discount for an early guilty plea. The sentencing judge had also properly concluded there was no elevated risk of the appellant posing a danger to society. No error was demonstrated in the exercise of the sentencing discretion.

Orders Made

  • Leave to appeal granted
  • Appeal dismissed

Key Takeaways

  • A mental health condition does not automatically reduce criminal culpability at sentencing: where there is no causal link between the offender's psychiatric illness and the offending conduct, the illness does not diminish moral responsibility for the offence.
  • Even absent a culpability reduction, mental illness remains a relevant sentencing factor that requires careful consideration of the balance between deterrence, rehabilitation, retribution, and community protection.
  • Basten JA confirmed the risk in treating mental illness as a simple numerical adjustment to an otherwise calculated sentence: the condition can "colour the whole sentencing process" and must be assessed holistically.
  • No error was established in the sentencing judge's reasoning; the sentence was not manifestly excessive when the appellant's mental health condition, early guilty plea, and all other circumstances were taken into account.
  • In dismissing the appeal, the Court noted that leave would often be appropriate in cases involving significant mental illness, given the complexity such cases inevitably attract.

Legislation and Cases Referenced

Legislation:
- Crimes Act 1900 (NSW), s 97(1) (robbery in company)
- Crimes (Sentencing Procedure) Act 1999 (NSW)

Cases:
- R v Henry (1999) 46 NSWLR 346
- R v Hemsley [2004] NSWCCA 228
- The Queen v Verdins [2007] VSCA 102
- Courtney v Regina [2007] NSWCCA 195
- R v Engert (1995) 84 A Crim R 67
- R v Thomson and Houlton (2000) 49 NSWLR 383
- R v AN [2005] NSWCCA 239
- R v Israil [2002] NSWCCA 255
- R v Lesi [2005] NSWCCA 63
- R v Murchie (1999) 108 A Crim R 482
- R v Poihipi [2001] NSWCCA 306
- R v Letteri (NSWCCA), unreported, 18 March 1992