Newman v The Queen [2002] FCAFC 136

FEDERAL COURT OF AUSTRALIA

Newman v The Queen [2002] FCAFC 136

CRIMINAL LAW – appeal against sentence – sentence of ten years imprisonment imposed for aggravated burglary – sentence of eight years imprisonment imposed for inflicting actual bodily harm with intent to commit an act of indecency – non-parole period of six years imposed – early plea of guilty – whether the sentence was manifestly excessive – whether the primary judge placed insufficient weight upon the early guilty plea in determining the appropriate sentence – whether the primary judge had sufficient regard to the subjective characteristics and background of the appellant Crimes Act 1900 (ACT), s 103 (now s 94), s 92G (now s 58) Federal Court of Australia Act 1976 (Cth), s 24

House v The King (1936) 55 CLR 499, applied R v Tait (1979) 46 FLR 386, applied Lowndes v R (1999) 195 CLR 665, applied Dinsdale v The Queen (2000) 202 CLR 321, applied RAYMOND JEFF NEWMAN v THE QUEEN No A 65 of 2001 SPENDER, O'LOUGHLIN, DOWSETT JJ CANBERRA 17 MAY 2002

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A 65 OF 2001

ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN: RAYMOND JEFF NEWMAN

APPELLANT

AND: THE QUEEN

RESPONDENT

JUDGES: SPENDER, O'LOUGHLIN, DOWSETT JJ

DATE OF ORDER: 17 MAY 2002

WHERE MADE: CANBERRA

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The sentences imposed by the Supreme Court of the Australian Capital Territory on 12 October 2001 be set aside. 3. On the count of aggravated burglary, a sentence of six years imprisonment is imposed. 4. On the count of inflicting actual bodily harm with intent to commit an act of indecency, a sentence of four years imprisonment is imposed. 5. Both sentences to commence on 22 June 2001, to be served concurrently. 6. A non-parole period of three years is imposed, to commence on 22 June 2001. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.