Adanguidi v Regina [2006] NSWCCA 404

Adanguidi v Regina [2006] NSWCCA 404

The sentencing judge's findings that the applicant's developing psychotic illness did not relevantly affect his ability to judge right from wrong, reason about the moral wrongness of his acts, or control himself were open on the evidence, and the judge was not bound to accept Dr Nielssen's opinion. Having regard to the premeditated robbery, the loaded firearm, the cold-blooded shootings of two victims, the torture and fatal beating of Shiquin Zhu, and the fact that the three murders formed one episode of criminal conduct, it was open to find the culpability for each murder so extreme that s 61(1) applied. No sentencing error or basis for admitting the additional material for appeal...

Jurisdiction
Australia
Judgment Date
15 December 2006
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Appeal From Supreme Court Sentences Imposed by Barr J
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['murder' 'life Imprisonment' 'worst Category Sentencing' 'culpability' 'mental Illness' 'standard of Proof' 'fresh Evidence']
['criminal Law' 'sentencing'] ['murder' 'life Imprisonment' 'worst Category Sentencing' 'culpability' 'mental Illness' 'standard of Proof' 'fresh Evidence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Appeal From Supreme Court Sentences Imposed by Barr J

Legal Issues

  1. 1 ["Whether the sentencing judge erred in finding that the applicant's culpability was so extreme that the community interest in retribution, punishment, community protection and deterrence could only be met by life sentences for each murder." "Whether findings about the applicant's mental illness and its effect on his culpability were reasonably open on the evidence." 'Whether the sentencing judge failed to have regard to a mitigating factor under section 21A(3)(j) of the Crimes (Sentencing Procedure) Act 1999.' 'Whether the life sentences were manifestly excessive.' 'Whether additional material or fresh evidence showed that the sentencing material miscarried.']

Ratio Decidendi

The sentencing judge's findings that the applicant's developing psychotic illness did not relevantly affect his ability to judge right from wrong, reason about the moral wrongness of his acts, or control himself were open on the evidence, and the judge was not bound to accept Dr Nielssen's opinion. Having regard to the premeditated robbery, the loaded firearm, the cold-blooded shootings of two victims, the torture and fatal beating of Shiquin Zhu, and the fact that the three murders formed one episode of criminal conduct, it was open to find the culpability for each murder so extreme that s 61(1) applied. No sentencing error or basis for admitting the additional material for appeal...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted' 'Appeal dismissed']