R v Sotheren [2001] NSWCCA 425

New South Wales Court of Criminal Appeal

CITATION : R v Sotheren [2001] NSWCCA 425 FILE NUMBER(S) : CCA 60409/00 HEARING DATE(S) : 21 August 2001 JUDGMENT DATE : 24 October 2001

PARTIES : Regina Darren Sotheren JUDGMENT OF : Beazley JA at 1; Wood CJ at CL; Carruthers AJ

LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : 70044/00 LOWER COURT JUDICIAL Dowd J OFFICER :

COUNSEL : Crown: R Cogswell SC Sotheren: D G Dalton SOLICITORS : Crown: S E O'Connor Sotheren: David H Cohen & Co CATCHWORDS : Crown Appeal - Sentence - Manslaughter - Aggravated Robbery Criminal Appeal Act 1912 (NSW) LEGISLATION CITED : Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Veen v The Queen (No 2) (1988) 164 CLR 465 R v A S Jones (unreported, New South Wales Court of Criminal Appeal, 30 June 1994) R v Henry (1999) 46 NSWLR 346 Coleman (1990) 47 A Crim R 306 Fletcher-Jones (1994) 75 A Crim R 381 CASES CITED: R v Valentini (1989) 46 A Crim R 23 R v Ellis (1993) 68 A Crim R 449 R v Bavadra (2000) 115 A Crim R 152 Broxam (unreported, New South Wales Court of Criminal Appeal, 3 April 1986) R v Taylor [1998] NSWSC 162 R v Holder [1983] 3 NSWLR 245 R v Rose (unreported, New South Wales Court of Criminal Appeal, 23 May 1996) DECISION : Sentences set aside, convictions confirmed

FACTS This was a Crown appeal against the sentences imposed by Dowd J in respect of six offences involving the assault and robbery of six different victims committed by the respondent over a 24 hour period. One of the victims died three days after the attack on him. All the other victims, including a taxi driver, suffered severe injuries. During the relevant period the respondent had injected himself with a considerable quantity of amphetamines. He had an extended prior criminal history including crimes of violence. The respondent pleaded guilty to one count of manslaughter: s 24 of the Crimes Act 1900 (NSW); two counts of aggravated robbery (inflicting grievous bodily harm): s 96 of the Crimes Act ; and three counts of aggravated robbery (maliciously inflicting actual bodily harm): s 95 of the Crimes Act .