R v Ryan [2000] NSWCCA 5

Reported Decision : 110 A Crim R 262

New South Wales Court of Criminal Appeal

CITATION : R v Ryan [2000] NSWCCA 5 FILE NUMBER(S) : CCA 60629/98 HEARING DATE(S) : 25/11/99 JUDGMENT DATE : 24 February 2000

PARTIES : Regina Jodie Ann RYAN JUDGMENT OF : Sully J at 1; Hulme J at 2; Hidden J at 40

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL Latham DCJ OFFICER :

COUNSEL : RA Hulme - Crown In person SOLICITORS : SE O'Connor In person

DECISION : Leave to appeal granted; Appeal dismissed

- 18 - IN THE COURT OF CRIMINAL APPEAL No: 60629 of 1998 SULLY J HULME J HIDDEN J Thursday, 24 February 2000 REGINA -v- Jodie Ann RYAN JUDGMENT

1 SULLY J: I agree with Hulme J.

IN THE COURT OF CRIMINAL APPEAL No: 60629 of 1998 SULLY J HULME J HIDDEN J Thursday, 24 February 2000

REGINA -v- Jodie Ann RYAN JUDGMENT 2 HULME J: On 13 October 1998 this Applicant for leave to appeal, who had been convicted by a jury of maliciously inflicting grievous bodily harm with intent to do grievous bodily harm, was sentenced by Her Honour Judge Latham to penal servitude for 6 years comprising a minimum term of 3 years commencing on 19.2.98 and an additional term of 3 years commencing on 19.2.2001. Her Honour strongly recommended that a condition of parole be the Applicant's attendance at a residential drug rehabilitation place such as Guthrie House. 3 The offence for which this sentence was imposed occurred on 23 November 1997 when the Applicant apparently under the belief that the victim, a Mrs Childs, had stolen from her drugs and some $500, hit the victim very heavily on the head with a wheel lock. The victim suffered a large and deep laceration and a depressed skull fracture which required surgery. The Applicant denied that it was she who struck the blow, a denial she has maintained to the present. In light of this approach the sentencing Judge, inevitably, found the Applicant demonstrated a complete lack of contrition. 4 Also on 13 October 1998 Her Honour dealt with an appeal by the Applicant against a sentence, earlier imposed by a Magistrate, of a minimum term of imprisonment of 10 months and an additional term of 3 months. There is relatively little information before this Court concerning the offence which led to that sentence. It appears to have been a violent assault on another female, apparently in the context of a dispute over money and drugs. The offence which led to that sentence, apparently occurred in early 1998, (sometime before 19 February), and while the Applicant was on bail for the offence against Ms Childs. 5 Judge Latham vacated the orders of the magistrate, and in lieu thereof sentenced the Applicant to a fixed term of 10 months' imprisonment, also dating from 19 February 1998. Her Honour's reasons for her decision in this regard are not before this Court. Neither is there an appeal from that decision. 6 The Applicant originally appealed against both her conviction and her sentence in respect of the offence against Ms Childs; but the former appeal was abandoned and need not be further referred to. In support of her claim that the sentence imposed was excessive, the Applicant criticised certain aspects of Judge Latham's remarks; and, to appreciate both the criticism and her Honour's reasons, it is appropriate to quote from them.