Supreme Court of SA|2002-02-08|Before: Gray JJ, Perry J

The application for leave to appeal must be dismissed.

Court of Criminal Appeal, 21 December 2001, judgment No [2001] SASC 450 (unreported) at para 31.

Everett v R ; per Brennan, Deane, Dawson and Gaudron JJ at 305.

R v Osenkowski (1982) 30 SASR 212 at 213.

[2001] HCA 64, 15 November 2001 (unreported).

Specific statutory provisions in New South Wales and Western Australia might authorise "guideline judgments".

This would clearly seem to be the view of Gaudron, Gummow and Hayne JJ in their joint judgment, and Kirby J in his separate judgment. Gleeson CJ found that "valid criticism" could be advanced as to the use which might be made of the guidelines in future cases and Callinan J "strongly" doubted, but without deciding the question, that the formulation and application of the guidelines could be a proper exercise of the judicial power of the Commonwealth.

Court of Criminal Appeal, 21 May 1991, judgment No S2870 (unreported).

See R v Drumgoon, Court of Criminal Appeal, 13 December 1995, judgment S538.2 (unreported).

(1988) 48 SASR 555; (1988) A Crim R 412.

See, for example, the armed hold-ups considered by the Court of Criminal Appeal in the cases of Dorning (1981) 27 SASR 481 (a service station, a drive-in theatre, and an hotel), King (1988) 48 SASR 557 (a chemist shop), Duke and Knowles (1987) 46 SASR 118 (a chemist shop, a trailer-hiring business, and a bank), Prendergast (1988) 147 LSJS 486 (a bank), Hoare (No 2), (1989) judgment No 2018 (unreported) (a pizza bar), Hooper (1995) 64 SASR 480 (a bank), Tichy (1982) 30 SASR 84 (a chemist shop), Brett (1987) 140 LSJS 343 (three chemist shops), Fermaner (1994) 62 SASR 447 (a service station), Spiero (1979) 22 SASR 543 (a chemist shop), Drumgoon, judgment No S5382, 13 December 1995 (unreported) (a credit union), Rooke judgment No S6738, 19 June 1998 (unreported) (a service station) and Lumsden, judgment No [2000] SASC 49, 1 March 2000 (unreported) (a delicatessen).

See, for example, R v Percy, Court of Criminal Appeal, 19 November 1991, judgment No S3140 (unreported) per Zelling AJ, and Mills v The Queen (1997) 17 WAR 518.

"Charlotte Emma Newton on the 14th June, 2001 at Adelaide, being armed with an offensive instrument, namely a syringe, robbed Natalie Ann Doyle of money in the sum of about $80. Contrary to section 158(a) of the Criminal Law Consolidation Act 1935 (SA)."

Everett v The Queen [1994] HCA 49; (1994) 181 CLR 295 at 299

R v Hooper (1994-1995) 64 SASR 480, R v Lumsden [2000] SASC 49

[1] Court of Criminal Appeal, 21 December 2001, judgment No [2001] SASC 450 (unreported) at para 31.

[2] Everett v R [1994] HCA 49; (1994) 181 CLR 295 per Brennan, Deane, Dawson and Gaudron JJ at 305.

[3] R v Osenkowski (1982) 30 SASR 212 at 213.

[4] [2001] HCA 64, 15 November 2001 (unreported).

[5] Specific statutory provisions in New South Wales and Western Australia might authorise "guideline judgments".

[6] This would clearly seem to be the view of Gaudron, Gummow and Hayne JJ in their joint judgment, and Kirby J in his separate judgment. Gleeson CJ found that "valid criticism" could be advanced as to the use which might be made of the guidelines in future cases and Callinan J "strongly" doubted, but without deciding the question, that the formulation and application of the guidelines could be a proper exercise of the judicial power of the Commonwealth.

[12] Court of Criminal Appeal, 21 May 1991, judgment No S2870 (unreported).

[15] See R v Drumgoon, Court of Criminal Appeal, 13 December 1995, judgment S538.2 (unreported).

[17] (1988) 48 SASR 555; (1988) A Crim R 412.

[21] See, for example, the armed hold-ups considered by the Court of Criminal Appeal in the cases of Dorning (1981) 27 SASR 481 (a service station, a drive-in theatre, and an hotel), King (1988) 48 SASR 557 (a chemist shop), Duke and Knowles (1987) 46 SASR 118 (a chemist shop, a trailer-hiring business, and a bank), Prendergast (1988) 147 LSJS 486 (a bank), Hoare (No 2), (1989) judgment No 2018 (unreported) (a pizza bar), Hooper (1995) 64 SASR 480 (a bank), Tichy (1982) 30 SASR 84 (a chemist shop), Brett (1987) 140 LSJS 343 (three chemist shops), Fermaner (1994) 62 SASR 447 (a service station), Spiero (1979) 22 SASR 543 (a chemist shop), Drumgoon, judgment No S5382, 13 December 1995 (unreported) (a credit union), Rooke judgment No S6738, 19 June 1998 (unreported) (a service station) and Lumsden, judgment No [2000] SASC 49, 1 March 2000 (unreported) (a delicatessen).

[22] See, for example, R v Percy, Court of Criminal Appeal, 19 November 1991, judgment No S3140 (unreported) per Zelling AJ, and Mills v The Queen (1997) 17 WAR 518.

[24] "Charlotte Emma Newton on the 14th June, 2001 at Adelaide, being armed with an offensive instrument, namely a syringe, robbed Natalie Ann Doyle of money in the sum of about $80. Contrary to section 158(a) of the Criminal Law Consolidation Act 1935 (SA)."

[25] Everett v The Queen [1994] HCA 49; (1994) 181 CLR 295 at 299

[26] R v Hooper (1994-1995) 64 SASR 480, R v Lumsden [2000] SASC 49

Law Consolidation Act 1935(SA)

Criminal Law Consolidation Act 1935s 158, referred

Law Consolidation Act 1935(SA)

Criminal Law Consolidation Act 1935s 158, referred

R v NEWTON No. SCCRM-01-330 [2002] SASC 36 (8 February 2002)

Criminal Law Consolidation Act 1935 s 158, referred to.

R v Powell Court of Criminal Appeal, 21 December 2001, Jmt No [2001] SASC 450

Everett v R [1994] HCA 49; (1994) 181 CLR 295;

R v Osenkowski (1982) 30 SASR 212;

Wong and Anor v The Queen [2001] HCA 64, 15 November 2001 (unreported);

Police v Cadd [1997] SASC 6187; (1997) 69 SASR 150;

DPP v Fermaner [1994] SASC 4468; (1994) 61 SASR 447;

R v Spiero (1979) 22 SASR 543;

R v Brett (1987) 140 LSJS 343;

R v Thomson Court of Criminal Appeal, 21 May 1991, Judgment No S2870 (unreported);

R v Prendergast (1988) 147 LSJS 486;

R v Drumgoon Court of Criminal Appeal, 13 December 1995, Judgment No S538.2

R v Hooper (1995) 64 SASR 480; 80 A Crim R 147;

The Queen v King (1988) 48 SASR 555; (1988) A Crim R 412;

R v Nixon (1993) 66 A Crim R 83;

R v Dorning (1981) 27 SASR 481;

R v Duke and Knowles (1987) 46 SASR 118;

R v Hoare (No 2) (1989) Judgment No 2018 (unreported);

R v Tichy (1982) 30 SASR 84;

R v Rooke Judgment No S6738, 19 June 1998 (unreported);

R v Lumsden Judgment No [2000] SASC 49, 1 March 2000 (unreported);

R v Percy Court of Criminal Appeal, 19 November 1991, Judgment No 3140

Mills v The Queen (1997) 17 WAR 518, considered.

R v NEWTON No. SCCRM-01-330 [2002] SASC 36

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Legislation Cited (4)

Cases Cited (16)

R v NEWTON No. SCCRM-01-330 [2002] SASC 36 (8 February 2002)