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Court of Criminal Appeal 31 October 2014

Catley v R

[2014] NSWCCA 249

Homicide
CRIMINAL LAW APPEAL AGAINST SENTENCE

Citation: Catley v R [2014] NSWCCA 249
Court: NSW Court of Criminal Appeal
Date: 31 October 2014
Judges: Bathurst CJ, Johnson J, R A Hulme J (reasons by R A Hulme J)

Background

The appellant was convicted by jury of the manslaughter of his mother and two offences of killing an animal with intent to inflict severe pain, contrary to s 530(1) of the Crimes Act 1900 (NSW). He had pleaded not guilty to murder and the animal cruelty charges on the basis of mental illness, but the jury rejected that defence. The jury did, however, reduce the murder charge to manslaughter on the basis of substantial impairment, finding that the appellant's abnormality of mind substantially impaired his capacity to control himself at the time of the killing.

The sentencing judge imposed a fixed term of 2 years for each animal cruelty offence (served concurrently), and 11 years with a non-parole period of 8 years for the manslaughter. The manslaughter sentence was accumulated by one year on the animal cruelty sentences, producing a total effective sentence of 12 years with a 9-year non-parole period.

On appeal, the appellant sought leave to appeal against sentence on five grounds, four of which concerned the sentencing judge's treatment of his mental condition, and one of which contended the sentences were manifestly excessive individually and in their cumulative effect.

  • Whether the sentencing judge failed to properly consider the effect of the appellant's depression on his degree of impairment
  • Whether the sentencing judge erred in not finding that the appellant's impairment was significantly greater than the minimum required for a finding of substantial impairment
  • Whether the sentencing judge erred by failing to take the appellant's mental condition into account when assessing moral culpability
  • Whether the sentencing judge wrongly treated general deterrence as a relevant sentencing consideration in a substantial impairment manslaughter
  • Whether the individual sentences and their degree of accumulation were manifestly excessive

Decision

Mental condition and impairment: The Court found no error in the sentencing judge's approach to the appellant's depression. The judge had not disregarded its effect; he had simply declined to make a finding that the impairment was significantly greater than the minimum threshold required for substantial impairment. The psychiatric evidence was conflicting and the nature of the jury's verdict further constrained what findings could confidently be made. The jury's decision to convict of the animal cruelty offences indicated that the appellant retained the capacity to form the requisite intent, supporting the inference that his impairment, while sufficient for the substantial impairment finding, was not at the higher end of the range.

Mental condition and moral culpability: The Court rejected the contention that the sentencing judge had ignored the appellant's mental condition when assessing moral culpability. The judge's reasons demonstrated that he had taken the condition into account and had properly found that the moral culpability remained at a high level. The basis for the substantial impairment finding was the impairment of self-control specifically, not an inability to understand events or to judge right from wrong. This finding, together with the extreme violence of the offending, supported the judge's assessment.

General deterrence: The Court confirmed that general deterrence remains a relevant sentencing consideration in manslaughter by substantial impairment. No error was established in the judge's treatment of that factor. The Court found that, on the evidence before the sentencing judge, there was no basis to conclude that less weight should have been given to general deterrence by reason of the appellant's mental condition.

Manifest excess: The Court was not persuaded that the individual sentences or the degree of accumulation were manifestly excessive. While the manslaughter sentence fell toward the upper range of recorded sentences for that offence, it was not outside the available range given the extreme seriousness of the offending. The 2-year sentences for the animal cruelty offences, offences found to be very serious examples of their kind, were not excessive. The one-year accumulation was appropriate, given that the animal cruelty offences constituted a separate element of criminality.

Orders Made

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

Key Takeaways

  • General deterrence is a relevant sentencing consideration for manslaughter by substantial impairment and does not automatically attract reduced weight merely because the offender has a mental condition.
  • A sentencing court is not required to find that an offender's degree of impairment was significantly greater than the minimum threshold for substantial impairment unless the evidence supports that finding; conflicting psychiatric evidence and the nature of the jury's verdict may preclude such a finding.
  • Where the basis for a substantial impairment finding is impaired self-control rather than impaired understanding of events or inability to judge right from wrong, a high assessment of moral culpability may still be open to the sentencing judge.
  • No error was established in the sentencing judge's approach simply because the mental condition had not been expressly linked to a reduction in moral culpability, provided the condition had genuinely been considered.
  • In dismissing the manifest excess ground, the Court of Criminal Appeal noted the limited utility of sentencing statistics and confirmed that a sentence falling toward the upper range of recorded outcomes is not, without more, manifestly excessive.

Legislation and Cases Referenced

Legislation:
- Crimes Act 1900 (NSW), s 23A (substantial impairment by abnormality of mind), s 530(1) (killing animal with intent to inflict severe pain)

Cases:
- Aslan v R [2014] NSWCCA 114
- Bugmy v The Queen [2013] HCA 37; 249 CLR 571
- Heatley v R [2008] NSWCCA 226
- Hili v The Queen; Jones v The Queen [2010] HCA 45; 242 CLR 520
- Pitt v R [2014] NSWCCA 70
- R v Antaky [2007] NSWSC 1047
- R v Barton (NSWCCA, 28 July 1995, unreported)
- R v Chayna (NSWCCA, 8 June 1993, unreported)
- R v Cooper (NSWCCA, 24 February 1998, unreported)
- R v Keceski (NSWCCA, 10 August 1993, unreported)
- R v Troja (NSWCCA, 16 July 1991, unreported)