Rigby v Regina [2006] NSWCCA 205

Rigby v Regina [2006] NSWCCA 205

The fresh evidence established on the balance of probabilities that the appellant was suffering from schizophrenia when he committed the offences and when sentenced, that the condition was not recognised or taken into account, and that it impaired his rational thought and impulse control so as to be relevant to sentencing. The sentencing discretion therefore miscarried. Given the seriousness of the offences, the 8-year terms were confirmed, but special circumstances justified reducing the non-parole period on each count to 4 years.

Jurisdiction
Australia
Judgment Date
20 July 2006
Procedural Posture
Criminal Appeal Against Sentence / Application for Extension of Time and Leave to Appeal; Appeal Against Sentence
Outcome
Extension of time granted; leave to appeal granted; appeal allowed; sentence terms confirmed but non-parole periods quashed and replaced.
Legal Topics
['sexual Intercourse Without Consent' 'fresh Evidence on Sentence Appeal' 'schizophrenia and Sentencing' 'moral Culpability' 'dangerousness' 'special Circumstances' 'non Parole Period']
['criminal Law' 'criminal Procedure' 'sentencing' 'mental Health Law'] ['sexual Intercourse Without Consent' 'fresh Evidence on Sentence Appeal' 'schizophrenia and Sentencing' 'moral Culpability' 'dangerousness' 'special Circumstances' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Extension of Time and Leave to Appeal; Appeal Against Sentence

Legal Issues

  1. 1 ["Whether fresh evidence concerning the appellant's schizophrenia should be admitted on the sentence appeal." 'Whether the appellant was suffering from schizophrenia at the time of the offences.' "Whether the appellant's schizophrenia diminished his culpability for the offences." 'Whether schizophrenia made imprisonment more burdensome for the appellant.' 'Whether the sentencing discretion miscarried and some other sentence was warranted in law under s6(3) Criminal Appeal Act 1912.']

Ratio Decidendi

The fresh evidence established on the balance of probabilities that the appellant was suffering from schizophrenia when he committed the offences and when sentenced, that the condition was not recognised or taken into account, and that it impaired his rational thought and impulse control so as to be relevant to sentencing. The sentencing discretion therefore miscarried. Given the seriousness of the offences, the 8-year terms were confirmed, but special circumstances justified reducing the non-parole period on each count to 4 years.

Court Disposition

Extension of time granted; leave to appeal granted; appeal allowed; sentence terms confirmed but non-parole periods quashed and replaced.

Orders

  • ['There should be an extension of time for the filing of the application for leave.' 'Leave to appeal should be granted.' 'The appeal should be allowed.' 'The sentence of 8 years imprisonment on each count should be confirmed, but the non parole period on each count should be quashed and, in lieu thereof, there...