Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Allen v R [2015] NSWCCA 113 Hearing dates: 20 May 2015 Decision date: 27 May 2015 Before: Hoeben CJ at CL at [1]
R A Hulme J at [42]
Beech-Jones J at [43]Decision: Leave to appeal granted.
Appeal dismissed.Catchwords: CRIMINAL LAW – sentence appeal – demand money with menaces and assault with intent to rob while armed with an offensive weapon – whether sentencing judge should have found “special circumstances” – discretionary finding of fact – no “House v R” error – appeal dismissed. Legislation Cited: Crimes Act 1900 – s 97(1), s 99
Crimes (Sentencing Procedure) Act 1999Cases Cited: Caristo v R [2011] NSWCCA 7
House v R [1936] HCA 40; 55 CLR 499
Jayde Farrell v R [2012] NSWCCA 245
Jiang v R [2010] NSWCCA 277
MD v R [2015] NSWCCA 37
PK v R [2012] NSWCCA 263
Power v R [1974] HCA 26; 131 CLR 623
R v Carter [2003] NSWCCA 243
R v Cramp [2004] NSWCCA 264
R v Fidow [2004] NSWCCA 172
R v GWM [2012] NSWCCA 240
R v Henry [1999] NSWCCA 111; 46 NSWLR 346
R v Sellars [2010] NSWCCA 133
R v Simpson [2001] NSWCCA 534; 53 NSWLR 704
R v Tuuta [2014] NSWCCA 40
Trad v R [2009] NSWCCA 56; 194 A Crim R 20Category: Principal judgment Parties: Rhys James Allen – Applicant
Regina – Respondent CrownRepresentation: Counsel:
Solicitors:
Applicant in person
S Dowling SC – Respondent Crown
Applicant in person
Solicitor for Public Prosecutions – Respondent Crown
File Number(s): 2014/16661 Decision under appeal
- Court or tribunal:
- District Court of NSW
- Jurisdiction:
- Criminal
- Date of Decision:
- 26 June 2014
- Before:
- Wilson SC DCJ
- File Number(s):
- 2014/16661
Judgment
-
HOEBEN CJ at CL:
Offences and sentence
The applicant pleaded guilty to:
Count 1 – Demand money with menaces contrary to s 99 Crimes Act 1900 (maximum penalty imprisonment for 10 years).
Count 2 – Assault with intent to rob while armed with an offensive weapon contrary to s 97(1) Crimes Act 1900 (maximum penalty imprisonment for 20 years).
-
On 26 June 2014 Wilson DCJ sentenced the applicant as follows:
Count 1 – Imprisonment for a fixed term of 9 months, commencing 17 January 2014 and expiring 16 October 2014.
Count 2 – Imprisonment with a non-parole period of 2 years and 8 months commencing 17 April 2014 and expiring 16 December 2016 with a balance of term of 1 year and 1 month expiring 16 January 2018.
-
The total sentence was imprisonment for 4 years with a non-parole period of 2 years and 11 months.
Factual background
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At about 6am on 17 January 2014 the applicant was a passenger in a motor vehicle which drove to the intersection of Market and Boulder Streets in Fingal Bay. The applicant alighted from the vehicle and went towards shops in Market Street with the hood of his jacket over his head and his face…
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- AGLC
- Allen v R [2015] NSWCCA 113
- Case
- [2015] NSWCCA 113
- Decision Date
CaseChat Overview and Summary
The court examined the sentencing judge's findings and concluded that there was no "House v R" error. The sentencing judge had carefully considered the evidence and the applicable legal principles in reaching the conclusion that no special circumstances were present. The court found that the sentencing judge's assessment of the facts and the weight to be given to them was within the permissible range of outcomes. As such, the discretionary findings of fact made by the sentencing judge were not so unreasonable as to amount to an error of law.
In light of the above findings, the appeal was dismissed. The court held that the sentencing judge had properly exercised their discretion in determining the sentence, and there were no grounds for the appellant's appeal. The court's decision upheld the original sentence imposed by the sentencing judge, and no further action was required in relation to the sentence.
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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