Regina v Ryall [2002] NSWCCA 168

New South Wales Court of Criminal Appeal

CITATION : Regina v Ryall [2002] NSWCCA 168 FILE NUMBER(S) : CCA 60261/01 HEARING DATE(S) : 7 May 2002 JUDGMENT DATE : 7 May 2002

PARTIES : Regina v Richard John Ryall JUDGMENT OF : Kirby J at 1, 60; Smart AJ at 2

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/41/0223; 00/41/0236 LOWER COURT JUDICIAL Goldring DCJ OFFICER :

COUNSEL : (A) S J Odgers SC (C) P G Ingram SOLICITORS : (A) Graham W Howe & Co (C) S E O'Connor CATCHWORDS : Sentencing - malicious wounding and detain for advantage - accumulation of sentences - proportionality of sentences with those of co-offenders - applicant's dominant role and greater criminality justifying much heavier sentence LEGISLATION CITED : Crimes Act 1900 Lowe v The Queen (1984) 154 CLR 606 CASES CITED: Postiglione v The Queen (1996) 189 CLR 295 Pearce v The Queen (1998) 194 CLR 610 DECISION : Leave to appeal granted - Appeal dismissed

IN THE COURT OF CRIMINAL APPEAL Tuesday, 7 May 2002 REGINA V RICHARD JOHN RYALL

JUDGMENT

1. KIRBY J: I will ask Smart AJ to give the first judgment.

2. SMART AJ: Richard John Ryall seeks leave to appeal against the asserted severity of a sentence of imprisonment for two years commencing on 28 April 2000, with a non-parole period of fifteen months on a charge of malicious wounding, and a sentence of imprisonment for five years, commencing on 28 July 2001 with a non-parole period of three years on a charge of detain for advantage.

3. The head sentences total, in effect, six years and three months and the non-parole periods four years and three months. The maximum penalty for malicious wounding is seven years imprisonment and that for detain for advantage under the repealed s 90A of the Crimes Act 1900 is twenty years, reducing to fourteen years if it is proved to the judge that the person was liberated without having sustained any substantial injury. The judge was not satisfied that there was substantial injury, and proceeded on the basis that the maximum penalty was fourteen years.