Steer v R [2014] NSWCCA 338

Steer v R [2014] NSWCCA 338

It was open to the trial judge to conclude that the applicant's conduct in concealing himself in the roof cavity for hours was more than remotely leading towards the commission of the offence and immediately connected with it, thereby fulfilling the legal requirements of an attempt. The sentence imposed, while at the high end, was not manifestly excessive nor outside the discretion of the trial judge.

Parties
Applicant: Brian James Steer; Respondent: Regina
Jurisdiction
Australia
Judgment Date
23 December 2014
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Conviction and Sentence
Outcome
Leave to appeal against conviction and sentence refused
Legal Topics
Attempted Escape From Lawful Custody, Application Out of Time, Proximity to Offence, Manifest Excess in Sentencing
Criminal Law Attempted Escape From Lawful Custody Application Out of Time Proximity to Offence Manifest Excess in Sentencing

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Parties

Brian James Steer

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Conviction and Sentence

Legal Issues

  1. 1 Whether the applicant's conduct amounted to more than merely preparatory acts and was sufficiently proximate to constitute attempted escape from lawful custody
  2. 2 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

It was open to the trial judge to conclude that the applicant's conduct in concealing himself in the roof cavity for hours was more than remotely leading towards the commission of the offence and immediately connected with it, thereby fulfilling the legal requirements of an attempt. The sentence imposed, while at the high end, was not manifestly excessive nor outside the discretion of the trial judge.

Court Disposition

Leave to appeal against conviction and sentence refused

Orders

  • Leave to appeal against conviction refused
  • Leave to appeal against sentence refused