Court of Criminal Appeal
New South Wales
Case Title: Blackstock v Regina Medium Neutral Citation: [2013] NSWCCA 172 Hearing Date(s): 30/04/13 Decision Date: 23 July 2013 Before: Macfarlan JA at [1]
Campbell J at [2]
Barr AJ at [70]Decision: 1. Grant leave to appeal;
2. Appeal dismissed.Catchwords: CRIMINAL LAW - appeal - sentence - whether sentence manifestly excessive Legislation Cited: Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)Cases Cited: Attorney Generals Reference (No. 3 of 2003) [2004] EWCA Crim 868; 1 QB 73
Jaturawong v. Regina [2011] NSWCCA 168
Phelan v R (1993) 66 A Crim R 446
Question of Law Reserved (No. 2 of 1996) (1996) 67 SASR 63; 88 A Crim R 417
R v Bembridge (1783) 3 Dougl 327
R v El-Rashid (NSWCCA, unreported 7th April 1995; BC9504681)
R v Hawkins (1989) 45 A Crim R 430
R v Hokin, Burton and Peisley (1922) 22 SR (NSW) 280
R v Mungomery [2004] NSWCCA 450; 151 A Crim R 376
R. v Olbrich [1999] HCA 54; 199 CLR 270
R. v. Quach [2010] VSCA 106; 27 VR 310
Shum Kwok Sher v HKSAR (2002) 5 HKCFAR 381
Wong v The Queen [2001] HCA 64; 207 CLR 584Category: Principal judgment Parties: Allen Michael Blackstock (applicant)
Crown (respondent)Representation - Counsel: Counsel:
G Porter (applicant)
N Bruni (respondent)- Solicitors: Solicitors:
Adams & Partners (applicant)
Solicitor for Public Prosecutions (respondent)File Number(s): 2011/96482 Decision Under Appeal - Before: Judge Woods QC - Date of Decision: 24 February 2012 - Court File Number(s): 2011/96482
JUDGMENT
MACFARLAN JA: I agree with Campbell J.
CAMPBELL J: The applicant seeks leave to appeal from a sentence imposed upon him in the District Court of New South Wales at Sydney on 24th February 2012 by his Honour Judge Woods QC. The applicant had pleaded guilty in the Local Court, at the first available opportunity on 23rd August 2011, to the common law offence of misconduct in public office.
The sentencing judge sentenced the applicant to a term of imprisonment with a non-parole period of three years commencing on 24th August 2012 and expiring on 23rd August 2015, and an additional term of one year commencing on 24th August 2015 and expiring on 23rd August 2016.
The offence was one of nine charges to which the applicant had admitted his guilt. Of the other eight, three were making a false statement to obtain money contrary to s.178BB Crimes Act 1900 (NSW) ("Crimes Act"), with an additional three such offences taken into account on a Form 1; the other two were one charge of giving false evidence at a public inquiry before the Independent Commission Against Corruption (ICAC), and one additional count of the same nature taken into account on a Form 1. The applicant pleaded guilty to each principal offence.
The total effective sentence was one of imprisonment for 3 years and 6 months commencing on 24th February 2012 and expiring on 23rd…
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- AGLC
- Blackstock v R [2013] NSWCCA 172
- Case
- [2013] NSWCCA 172
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CaseChat Overview and Summary
The central legal issue before the Court of Appeal was whether the trial judge had erred in assessing the appropriate sentence for the offence. Specifically, the court needed to determine if the sentence was manifestly excessive in light of the principles governing sentencing in criminal cases. This involved a review of the severity of the sentence relative to the gravity of the offence, the circumstances of the case, and the need for deterrence and retribution, balanced against the appellant's personal circumstances and the possibility of rehabilitation.
The Court of Appeal examined the sentencing principles and considered whether the trial judge had appropriately balanced the various factors in determining the sentence. The court found that the trial judge had adequately considered the gravity of the offence, the appellant's criminal history, and the need to protect the community. The appellate court held that the sentence was not manifestly excessive and therefore dismissed the appeal. Consequently, the original sentence imposed by the trial court was upheld.
Orders
Orders of the court
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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
Legal Principle Established
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