Brzozowski v R

Case [2023] NSWCCA 129


Court of Criminal Appeal


Supreme Court


New South Wales

  • Summary available
Medium Neutral Citation: Brzozowski v R [2023] NSWCCA 129
Hearing dates: 03 May 2023
Date of orders: 09 June 2023
Decision date: 09 June 2023
Before: Simpson AJA at [1];
Rothman J at [16];
Cavanagh J at [67]
Decision:

(1)   Leave to appeal granted;

(2)   Appeal dismissed.

Catchwords:

CRIME – SENTENCE APPEAL – alleged failure to find remorse – distinction between remorse or contrition and regret at consequences or mere plea of guilty – construction of s 21A(3)(i) of the Crimes (Sentencing Procedure) Act 1999 (NSW) – no error disclosed

Legislation Cited:

Crimes Act 1900 (NSW), ss 527(c), 527C(1)(a)

Crimes (Sentencing Procedure) Act 1999 (NSW), Div 1A of Pt 3, ss 3A, 21A, 21A(3)(i), 23A(3)(i), 25D(2)

Criminal Procedure Act 1986 (NSW), s 166

Drug Misuse and Trafficking Act 1985 (NSW), ss 24(1)(a), 24A(1)(a)

Explosives Act 2003 (NSW), s 6(1)

Firearms Act 1996 (NSW), ss 7(1), 50AA(1), 50AA(2), 51D2, 65(3), 74(1), 74(2), 74(3)

Police Act 1990 (NSW), s 203(1)

Weapons Prohibition Act 1998 (NSW), ss 7(1), 34(1)

Cases Cited:

Barbaro v The Queen (2012) 226 A Crim R 354; [2012] VSCA 288

Neal v The Queen (1982) 149 CLR 305; [1982] HCA 55

Patel v R (2002) 366 FLR 314; [2022] NSWCCA 93

Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28

Raptis, Lilimbakis & Sinclair v R (1988) 36 A Crim R 362

Stojanovski v R [2013] NSWCCA 334

Texts Cited:

Stroud’s Judicial Dictionary, 5th ed, Vol 1 (1986)

Category:Principal judgment
Parties: Mark John Brzozowski (Applicant)
Rex (Respondent)
Representation:

Counsel:
L Brasch (Applicant)
J Styles (Respondent)

Solicitors:
Conditsis Lawyers (Applicant)
Solicitor for Public Prosecutions (NSW)
(Respondent)
File Number(s): 2020/344787
 Decision under appeal 
Court or tribunal:
District Court
Jurisdiction:
Criminal
Citation:

R v Brzozowski [2022] NSWDC 69

Date of Decision:
10 February 2022
Before:
Bright DCJ
File Number(s):
2020/344787

JUDGMENT

  1. SIMPSON AJA: The applicant seeks leave to appeal against an aggregate sentence of imprisonment (4 years and 8 months with a non-parole period of 3 years) imposed on him in the District Court on 10 February 2022, following his pleas of guilty to a series of charges involving the unlawful possession of firearms. Further offences were included on a Form 1, including offences involving possession of parts of firearms and ammunition, possession of drug apparatus or precursors, and possession of a motorbike reasonably suspected of being stolen. Further offences, including offences involving the acquisition of a pistol contrary to a firearms prohibition order, the use of a prohibited weapon contrary to a prohibition order, and possession of a police uniform shirt, were included on a certificate under s 166 of the Criminal Procedure Act 1986 (NSW). Details of the offences and of the manner in which they were prosecuted are set out in the judgment of Rothman J, which I have had the advantage of reading in draft. The facts of the offending were put before the sentencing judge…

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Brzozowski v R [2023] NSWCCA 129
Case
[2023] NSWCCA 129
Decision Date

CaseChat Overview and Summary

The case involved an appeal by the respondent, the Crown, against the sentence imposed on the appellant, Brzozowski, who had been convicted of murder. The Crown appealed on the basis that the sentencing judge had failed to consider the appellant's lack of remorse as a relevant aggravating factor. The appeal was heard in the New South Wales Court of Criminal Appeal. The central issue before the court was whether the sentencing judge had erred in not considering the appellant's lack of remorse as a significant aggravating factor in the sentencing process. The court examined whether the sentencing judge had correctly distinguished between remorse or contrition and mere regret at the consequences of one's actions or a plea of guilty. The court also considered whether the absence of remorse was a relevant factor under section 21A(3)(i) of the Crimes (Sentencing Procedure) Act 1999 (NSW). In delivering the judgment, the court emphasised that remorse or contrition must be distinguished from regret at the consequences of one's actions or a mere plea of guilty. The court found that the sentencing judge had correctly identified and considered the relevant factors in the sentencing process, including the appellant's lack of remorse. The court held that the sentencing judge had not erred in failing to consider the appellant's lack of remorse as a significant aggravating factor. The appeal was dismissed, and the original sentence was upheld.

No further orders were made by the court.

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