R v Daetz; R v Wilson

(2003) 139 A Crim R 398; [2003] NSWCCA 216

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Mitigating factors
4. › Extra-curial punishment
5. › Retaliatory assault on offender by private persons
6. › Whether sentencing court may take into account as independent mitigating factor
7. › Whether 'subversive of the rule of law'
8. › Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A, s 44(2)
1. Criminal Law
2. › Sentencing
3. › Mitigating factors
4. › Extra-curial punishment
5. › Weight to be given
6. › Seriousness of assault and connection to offence
7. › Whether co-offender entitled to reduction where extra-curial punishment personal to other offender
1. Criminal Law
2. › Sentencing
3. › Robbery in company
4. › Discount for plea of guilty
5. › Contrition
6. › Special circumstances
7. › Youth and vulnerability
8. › Crimes Act 1900 (NSW), s 97

Quick Take

A sentencing court can and should take into account, as an independent mitigating factor, that an offender has suffered serious extra-curial punishment by private persons exacting retribution for the offence. It is an error of principle to treat such punishment as impermissible to consider. The weight to be given depends on all the circumstances, including the seriousness of the punishment and its connection to the offence. Extra-curial punishment personal to one co-offender does not entitle another co-offender to a reduced sentence.