The Queen v. Hudson, D.G. & Ors [1985] FCA 595

The Queen v. Hudson, D.G. & Ors [1985] FCA 595

The Supreme Court erred in interpreting 'substantial injury' in s. 90A of the Crimes Act 1900 (NSW) (ACT application) as equivalent to grievous bodily harm. Harrison's injuries were severe and clearly 'substantial'. Therefore, the maximum penalty for kidnapping was twenty years. Accordingly, the sentences imposed...

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Parties
Appellant: THE QUEEN; Respondent: DAVID GRAHAM HUDSON; Respondent: STEPHEN LEONARD JONES; Respondent: PASCALI GANITIS; Respondent: JOHN DESMOND KEENAN; Respondent: SHANE FREDERICK RAFTERY
Jurisdiction
Australia
Judgment Date
27 November 1985
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
Appeals by Crown allowed; cross-appeal by Hudson dismissed.
Legal Topics
Sentencing, Kidnapping, Plea of Guilty, Assault, Maximum Penalties, Non Parole Period
Criminal Law Sentencing Kidnapping Plea of Guilty Assault Maximum Penalties Non Parole Period

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Summary, issues, holding and outcome

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Parties

THE QUEEN

Appellant

DAVID GRAHAM HUDSON

Respondent

STEPHEN LEONARD JONES

Respondent

PASCALI GANITIS

Respondent

JOHN DESMOND KEENAN

Respondent

SHANE FREDERICK RAFTERY

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed for kidnapping and assaults were manifestly inadequate.
  2. 2 Whether the maximum penalty for kidnapping under s. 90A of the Crimes Act 1900 (NSW) (ACT application) was 20 years or 14 years depending on whether the victim suffered 'substantial injury'.
  3. 3 How to interpret 'substantial injury' under s. 90A.

Ratio Decidendi

The Supreme Court erred in interpreting 'substantial injury' in s. 90A of the Crimes Act 1900 (NSW) (ACT application) as equivalent to grievous bodily harm. Harrison's injuries were severe and clearly 'substantial'. Therefore, the maximum penalty for kidnapping was twenty years. Accordingly, the sentences imposed were manifestly inadequate and were increased by the Court, applying proper discounts for plea of guilty and genuine contrition, but giving due weight to deterrence and punishment.

Court Disposition

Appeals by Crown allowed; cross-appeal by Hudson dismissed.

Orders

  • In each respondent's case, sentences for kidnapping increased as follows: Hudson—eight years' imprisonment (non-parole period four years); Jones—five years' imprisonment (non-parole period two years); Ganitis—two years' imprisonment (non-parole period six months); Raftery—two years' imprisonment (non-parole period...
  • Assault sentences confirmed and to be served concurrently with kidnapping sentences.