RR v R [2011] NSWCCA 235

RR v R [2011] NSWCCA 235

The trial judge did not err in allowing the prosecution to rely upon the appellant's denial as a lie evidencing consciousness of guilt, as the requirements for such a direction were satisfied. The summing up fairly put the defence case to the jury, given the short trial and availability of evidentiary materials. However, the sentence imposed was manifestly excessive for an isolated offence moderately below the mid-range of objective seriousness and was disproportionate when compared with established sentencing patterns for similar offences. The sentence was therefore quashed and substituted with a reduced term.

Jurisdiction
Australia
Judgment Date
08 December 2011
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Outcome
Appeal against conviction dismissed; leave to appeal against sentence granted, appeal allowed; sentence quashed and substituted.
Legal Topics
['appeal Against Conviction' 'appeal Against Sentence' 'consciousness of Guilt' 'evidence of Lies' 'misdirection in Summing Up' 'manifestly Excessive Sentence' 'directions to Jury' 'summing Up Defence Case']
['criminal Law'] ['appeal Against Conviction' 'appeal Against Sentence' 'consciousness of Guilt' 'evidence of Lies' 'misdirection in Summing Up' 'manifestly Excessive Sentence' 'directions to Jury' 'summing Up Defence Case']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

Legal Issues

  1. 1 ["Whether trial judge erred in allowing reliance on appellant's denial as evidence of consciousness of guilt" 'Whether trial judge failed to adequately put the defence case to the jury in summing up' 'Whether the sentence imposed was manifestly excessive']

Ratio Decidendi

The trial judge did not err in allowing the prosecution to rely upon the appellant's denial as a lie evidencing consciousness of guilt, as the requirements for such a direction were satisfied. The summing up fairly put the defence case to the jury, given the short trial and availability of evidentiary materials. However, the sentence imposed was manifestly excessive for an isolated offence moderately below the mid-range of objective seriousness and was disproportionate when compared with established sentencing patterns for similar offences. The sentence was therefore quashed and substituted with a reduced term.

Court Disposition

Appeal against conviction dismissed; leave to appeal against sentence granted, appeal allowed; sentence quashed and substituted.

Orders

  • ['Appeal against conviction dismissed.' 'Leave to appeal against sentence granted and allowed.' 'Sentence of imprisonment quashed; substituted with a term of 8 years with a non-parole period of 6 years, balance of 2 years, dated from 10 October 2008, eligible for parole on 10 October 2014.']