Apulu v R

Case [2022] NSWCCA 244


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Apulu v R [2022] NSWCCA 244
Hearing dates: 14 October 2022
Date of orders: 23 November 2022
Decision date: 23 November 2022
Before: Simpson AJA [1]
Davies J [49]
Wilson J [54]
Decision:

1. Leave to appeal is granted;

2. The appeal is dismissed.

Catchwords:

CRIME – appeal against sentence – robbery whilst armed – robbery upon service station attendant – question of misapplication of guideline judgment – question of the parity principle where the co-offender was sentence in the Children’s Court – question of manifest excess – question of the distinction between aggravating factors and the assessment of objective gravity

Legislation Cited:

Children (Criminal Proceedings) Act 1987 (NSW)

Crimes (Sentencing Procedure) Act 1999 (NSW)

Crimes Act 1900 (NSW)

Criminal Appeal Act 1912 (NSW)

Cases Cited:

Aslan v R [2014] NSWCCA 114

Belvie v R [2017] NSWCCA 36

Bugmy v R (2013) 249 CLR 571

Butters v R [2010] NSWCCA 1

DPP (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 19

Govinden [1999] NSWCCA 118; (1999) 106 A Crim R 314

Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49

Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45

House v The King (1936) 55 CLR 499

Imbornone v R [2017] NSWCCA 144

Johan v R [2015] NSWCCA 58

Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46

Lowndes v The Queen (1999) 195 CLR 665; [1999] HCA 29

Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221

Postiglione v The Queen; (1997) 189 CLR 295; [1997] HCA 26

Pritchard v R [2022] NSWCCA 130

R v Boney [2001] NSWCCA 432

R v Colgan [1999] NSWCCA 292

R v Crotty (Court of Criminal Appeal (NSW), 29 February 1994, unrep)

R v Diamond (NSW Court of Criminal Appeal, 18 February 1993, Unrep)

R v Dougan [2006] 160 A Crim R 135

R v Elyard [2006] NSWCCA 43

R v Engert (1995) 84 A Crim R 67

R v Harrison [2001] NSWCCA 79

R v HenryandOrs (1999) 46 NSWLR 346; [1999] NSWCCA 111

R v Qutami [2001] NSWCCA 353

R v Roberts (1994) 73 A Crim R 306

R v Street [2005] NSWCCA 139

R v Way (2004) 60 NSWLR 168; [2004] NSWCCA 131

R v Wickham [2004] NSWCCA 193

R v Wong [2003] NSWCCA 247

Ruttley v R [2010] NSWCCA 118

Wong v The Queen, Leung v The Queen (2001) 207 CLR 584; [2001] HCA 64

Category:Principal judgment
Parties: F Apulu (Applicant)
The King (Respondent)
Representation:

Counsel:
D W Phillips (Applicant)
S Traynor (Respondent) (Crown)

Solicitors:
Vaikom Law – Criminal & Commercial Lawyers (Applicant)
Solicitor for Public Prosecutions (NSW) (Crown) (Respondent)
File Number(s): 2021/2778
Publication restriction: Nil
 Decision under appeal 
Court or tribunal:
District Court
Jurisdiction:
Criminal
Date of Decision:
28 February 2022
Before:
Colefax…

Continue reading Apulu v R

Sign in free to access the full text

Details
AGLC
Apulu v R [2022] NSWCCA 244
Case
[2022] NSWCCA 244
Decision Date

CaseChat Overview and Summary

In this case, the appellant, Apulu, was convicted of robbery while armed and appealed against his sentence. The robbery involved the service station attendant being threatened and robbed at gunpoint. The primary legal issues the court was required to decide involved whether there was a misapplication of guideline judgments in the sentencing process. Additionally, the court had to consider the parity principle, particularly since Apulu's co-offender was sentenced in the Children’s Court. The court also needed to assess if the sentence was a manifest excess and distinguish between the aggravating factors considered and the objective gravity of the offence.

The court evaluated the sentencing principles and the applicability of guideline judgments in the context of the crime committed. It examined whether the sentencing judge properly applied the relevant guidelines and if there was a misapplication that warranted interference. The parity principle was scrutinized to determine if it was appropriate for the co-offender, tried in a different court, to receive a lesser sentence. The court also assessed if the sentence imposed was manifestly excessive in light of the circumstances and compared the aggravating factors with the overall gravity of the crime. Ultimately, the court concluded that the sentencing process adhered to legal principles and did not find any misapplication or manifest excess.

The court found that the sentence was appropriately imposed, taking into account all relevant factors and guidelines. It confirmed that the distinction between aggravating factors and the objective gravity was properly handled, and the parity principle did not necessitate a different outcome. Consequently, the appeal was dismissed. The final orders of the court were to uphold the original sentence, affirming that it was just and appropriate given the circumstances of the case.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.