Baines v Rex [2023] NSWCCA 302

Baines v Rex [2023] NSWCCA 302

The conviction appeal was dismissed because the majority held that, given the way the Crown case was advanced, the trial judge correctly directed the jury that the applicant had to be proved to be present in the Audi Q7 before he could be convicted, and correctly stated that there was no evidence supporting his presence elsewhere in the vicinity. The sentence appeal was allowed because the applicant's deprived background had a causal connection with the offending and reduced his moral culpability on Bugmy principles, so the sentencing discretion had to be re-exercised; however, the majority did not uphold the separate Bugmy Bar Book ground because it was not shown that the sentencing...

Jurisdiction
Australia
Judgment Date
29 November 2023
Procedural Posture
Criminal Appeal Against Conviction and Sentence for Murder / Application for Leave to Appeal Against Conviction and Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal against conviction granted; appeal against conviction dismissed; leave to appeal against sentence granted; appeal against sentence allowed; original sentence quashed and applicant resentenced to imprisonment for 30 years with a non-parole period of 22 years and 6 months.
Legal Topics
['appeal Against Conviction' 'circumstantial Evidence' 'jury Directions' 'joint Criminal Enterprise' 'murder' 'background of Disadvantage in Sentencing' 'bugmy Bar Book' 'moral Culpability']
['criminal Law' 'criminal Procedure' 'sentencing'] ['appeal Against Conviction' 'circumstantial Evidence' 'jury Directions' 'joint Criminal Enterprise' 'murder' 'background of Disadvantage in Sentencing' 'bugmy Bar Book' 'moral Culpability']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction and Sentence for Murder / Application for Leave to Appeal Against Conviction and Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the trial miscarried by reason of the trial judge's directions in response to the jury's question about whether the applicant had to be in the Audi Q7 to be guilty under joint criminal enterprise." "Whether the sentencing judge erred in finding no causal connection between the applicant's upbringing and his involvement in the offence and in failing to mitigate sentence on that account." 'Whether the sentencing judge erred in expressly disregarding evidence tendered from the Bugmy Bar Book concerning effects of childhood disadvantage, parental incarceration and early exposure to violence and drugs.']

Ratio Decidendi

The conviction appeal was dismissed because the majority held that, given the way the Crown case was advanced, the trial judge correctly directed the jury that the applicant had to be proved to be present in the Audi Q7 before he could be convicted, and correctly stated that there was no evidence supporting his presence elsewhere in the vicinity. The sentence appeal was allowed because the applicant's deprived background had a causal connection with the offending and reduced his moral culpability on Bugmy principles, so the sentencing discretion had to be re-exercised; however, the majority did not uphold the separate Bugmy Bar Book ground because it was not shown that the sentencing...

Court Disposition

Leave to appeal against conviction granted; appeal against conviction dismissed; leave to appeal against sentence granted; appeal against sentence allowed; original sentence quashed and applicant resentenced to imprisonment for 30 years with a non-parole period of 22 years and 6 months.

Orders

  • ['Leave to appeal against conviction granted;' 'Appeal against conviction dismissed;' 'Leave to appeal against sentence granted;' 'Appeal allowed; sentence imposed in the Supreme Court on 17 December 2021 quashed;' 'In lieu thereof Joshua Baines is sentenced to imprisonment consisting of a non-parole period of 22...