Doolan v R [2006] NSWCCA 344

New South Wales Court of Criminal Appeal

CITATION: Doolan v R [2006] NSWCCA 344

HEARING DATE(S): 18 July 2006

JUDGMENT DATE: 8 November 2006

JUDGMENT OF: McClellan CJ at CL at 1; Hidden J at 6; Hall J at 36

DECISION: Leave to appeal granted, (by majority) appeal dismissed.

CATCHWORDS: CRIMINAL LAW: - Application for leave to appeal against sentence - robbery in company - whether adequate weight given to applicant's mental illness.

LEGISLATION CITED: s97(1) Crimes Act 1900

CASES CITED: R v Hemsley [2004] NSWCCA 228 R v Henry [1999] NSWCCA 107

PARTIES: Rachel Beryl Doolan (applicant) Regina (respondent)

FILE NUMBER(S): CCA 2006/885

COUNSEL: C Cragie SC (applicant) V Lydiard (respondent)

SOLICITORS: N Mills (applicant) S Kavanagh (respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 05/11/0651

LOWER COURT JUDICIAL OFFICER: Donovan QC DCJ

LOWER COURT DATE OF DECISION: 9 September 2005

IN THE COURT OF CRIMINAL APPEAL 2006/885

McCLELLAN CJ at CL HIDDEN J HALL J

Wednesday 8 November 2006 Rachel Beryl DOOLAN v Regina Judgment 1 McCLELLAN CJ at CL: I have had the benefit of reading the judgment of Hidden J in draft. I gratefully adopt his Honour's account of the relevant facts and outline the issues to be resolved on the appeal. Unlike his Honour in my view the appeal should be dismissed. 2 Hidden J identifies the fact that the applicant has been diagnosed as suffering from a psychiatric illness which may have played a role in her offending. However, the crime in which she played a not insignificant role was a brutal attack on an innocent person during which the applicant and her co-offender inflicted serious injury. The applicant was not a young offender and she had a criminal history. 3 Notwithstanding her psychiatric problems the guideline in Henry (1999) 46 NMSWLR 346 is of considerable significance when determining the appropriate sentence. It may be that a lesser sentence could have been imposed but the question for this Court is whether an error has occurred which requires this Court to intervene. I am satisfied that such an error has not been demonstrated. 4 In my view the serious nature of the offence required a sentence which marks out the gravity of the applicant's crime and imposes a significant punishment. The sentence of a non-parole period of two and a half years and a balance of term of two years was, in my opinion, within the appropriate range. 5 Although I would grant leave to appeal the appeal should be dismissed. 6 HIDDEN J: The applicant, Rachel Beryl Doolan, pleaded guilty in the District Court to a charge of robbery in company, an offence under s97(1) of the Crimes Act which carries a maximum penalty of imprisonment of twenty years. She was sentenced to imprisonment for four and a half years, comprising a non-parole period of two and a half years and a balance term of two years. The sentence was directed to date from 3 March 2005, the date of the offence and her arrest. She seeks leave to appeal against that sentence.