REGINA v. PITT [2005] NSWCCA 304

New South Wales Court of Criminal Appeal

CITATION: REGINA v. PITT [2005] NSWCCA 304

HEARING DATE(S): Tuesday 28 June 2005

JUDGMENT DATE: 6 September 2005

JUDGMENT OF: Grove J at 1; Hoeben J at 6; Hall J at 7

DECISION: (a) Leave to appeal granted; (b) Appeal allowed and the sentence imposed by the District Court be quashed; (c) In lieu thereof, sentence the applicant to terms of imprisonment as follows: Count 1: On the offence of malicious wounding, the applicant is sentenced to a fixed term of imprisonment of two years, to date from 17 July 2003, to expire on 16 July 2005. In respect of that sentence, a non-parole period is not appropriate, having regard to the structure of the sentences to be involved in respect of the armed robbery offences; Count 2: In respect of the first count of armed robbery with a dangerous weapon, a sentence of three years and six months to date from 17 January 2004, to expire on 16 July 2007. In respect of that sentence, there is a non-parole period of two years to date from 17 January 2004 and to expire on 16 January 2006; Count 3: In respect of the second count of armed robbery with a dangerous weapon, a sentence is imposed of five years to commence on 17 July 2004 and to expire on 16 July 2009. In respect of that sentence, there is a non-parole period of two years to date from 17 July 2004 and to expire on 16 July 2006; Count 4: Possess unauthorised firearm and Count 5: possess unregistered firearm, a sentence of imprisonment for a fixed term of one year, commencing on 17 July 2003 and expiring on 16 July 2004.; In accordance with the orders proposed, the appellant will be eligible to be released on parole upon the expiry of the non-parole period specified on 16 July 2006.

CATCHWORDS: Criminal law - sentence - mental disorder - knowledge of the gravity of actions - insufficient regard to applicant's history of mental illness - less weight given to general deterrence - altered mental state - impairment of both judgment and volitional control - drug abuse - mental disorder is causally related to commission of offences - diminution of sentence having regard to applicant's mental condition - mental condition may increase importance of deterrence of offender - alcohol, valium and other medications consumed prior to offences - applicant did not possess a full understanding of the authority and requirements of the law