Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Book v R [2018] NSWCCA 58 Hearing dates: 21 March 2018 Date of orders: 11 April 2018 Decision date: 11 April 2018 Before: Bathurst CJ [1]
Johnson J at [2]
Price J at [69]Decision: 1. Leave to appeal against sentence granted.
2. Appeal dismissed.Catchwords: CRIMINAL LAW – sentence appeal – offence of aggravated (in company) break, enter and commit serious indictable offence (stealing) contrary to s.112(2) Crimes Act 1900 – custodial sentence imposed – whether sentence manifestly excessive – assessment of objective seriousness of offence – relevance of offence being committed in company and stealing being the serious indictable offence – prior criminal history included commission of s.112(2) offence – sentence not manifestly excessive – appeal dismissed Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999Cases Cited: AB v The Queen (1999) 198 CLR 111; [1999] HCA 46
Barbaro v The Queen; Zirilli v The Queen (2014) 253 CLR 58; [2014] HCA 2
Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25
Marshall v R [2007] NSWCCA 24
Obeid v R (2017) 350 ALR 103; [2017] NSWCCA 221
R v Huynh [2005] NSWCCA 220
R v Ponfield (1999) 48 NSWLR 327; [1999] NSWCCA 435
White v R [2016] NSWCCA 190Texts Cited: --- Category: Principal judgment Parties: John David Book (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
Mr CJ Bruce SC (Applicant)
Ms T Smith (Respondent)
Smythe Wozniak Lawyers (Applicant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2016/168343 Publication restriction: --- Decision under appeal
- Court or tribunal:
- Bathurst District Court
- Jurisdiction:
- ---
- Citation:
- ---
- Date of Decision:
- 12 December 2016
- Before:
- His Honour Judge Blackmore SC
- File Number(s):
- 2016/168343
Judgment
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BATHURST CJ: I have had the advantage of reading the judgment of Johnson J in draft. I agree with the orders proposed by his Honour and with his reasons.
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JOHNSON J: The Applicant, John David Book, seeks leave to appeal with respect to a sentence imposed at the Bathurst District Court on 12 December 2016 for an offence of aggravated (in company) break, enter and commit serious indictable offence (stealing) contrary to s.112(2) Crimes Act 1900.
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Following a plea of guilty, the Applicant was sentenced by his Honour Judge Blackmore SC to a term of imprisonment of two years and eight months commencing on 7 November 2016 and expiring on 6 July 2019, with a non-parole period of one year and eight months expiring on 6 July 2018. The maximum penalty for this offence is 20 years’ imprisonment with a standard-non parole period of five years.
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By Notice of Application for Leave to Appeal filed on 12 January 2018, the Applicant relies upon a single ground of appeal that the sentence imposed is manifestly excessive.
Facts of Offence
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An Agreed Statement of Facts was tendered at the sentencing hearing which revealed…
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- AGLC
- Book v R [2018] NSWCCA 58
- Case
- [2018] NSWCCA 58
- Decision Date
CaseChat Overview and Summary
The court determined that the sentence was not manifestly excessive. It examined the objective seriousness of the offence and noted the presence of aggravating factors such as the commission of the offence in company and the nature of the serious indictable offence, which was stealing. Despite these factors, the court found that the sentence imposed was appropriate and within the range of penalties that could be considered reasonable and just for the offence. The court also took into account the appellant's prior criminal history, which included a previous offence under section 112(2) of the Crimes Act 1900. Ultimately, the court concluded that the sentence was not manifestly excessive and dismissed the appeal.
Given the reasoning above, the court dismissed the appeal against the sentence imposed on the appellant. The court confirmed that the sentence was appropriate and did not constitute a manifestly excessive punishment for the offence committed. The appellant's prior criminal history and the nature of the offence were considered in the overall assessment, leading to the conclusion that the sentence was justified. The appeal was therefore unsuccessful.
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
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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