Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Byrne v R; Cahill v R [2021] NSWCCA 185 Hearing dates: 30 June 2021 Date of orders: 11 August 2021 Decision date: 11 August 2021 Before: Bell P at [1];
Rothman J at [6];
Button J at [126]Decision: (1) Leave to appeal granted;
(2) Appeal dismissed.
Catchwords: CRIME – Appeal against sentence – manifest excess – street race between two motor vehicles – collision with innocent road user – manslaughter – no identifiable error by sentencing judge – sentence imposed while heavy was neither plainly unjust nor unreasonable – sentence within range and appropriate – appeal dismissed
Legislation Cited: Crimes Act 1900 (NSW) ss 18(1)(b); 52A
Cases Cited: Barbaro v The Queen (2014) 253 CLR 58; [2014] HCA 2
BP v R (2010) 201 A Crim R 379; [2010] NSWCCA 159
Director of Public Prosecutions v Abdulrahman [2021] NSWCCA 114
Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; 243 FLR 28; 205 A Crim R 1; [2010] NSWCCA 194
DPP v Neethling (2009) 52 MVR 422; [2009] VSCA 116
Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45
House v The King (1936) 55 CLR 499; [1936] HCA 40
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25
R v Abdulrahman [2020] NSWDC 731
R v Borkowski [2009] NSWCCA 102
R v Cahill; R v Byrne [2020] NSWDC 224
R v Despotovski [2020] NSWDC 110
R v Geddes (1936) 36 SR (NSW) 554
R v Taufahema [2004] NSWCCA 833
Category: Procedural rulings Parties: 2017/320907:
2017/325691:
Joshua Aaron Byrne (Applicant)
Regina (Respondent)
Mathew Thomas Cahill (Applicant)
Regina (Respondent)Representation: Counsel:
2017/320907:
P Coady (Applicant)
C Young (Respondent)2017/325691:
L Fernandez (Applicant)
C Young (Respondent)Solicitors:
2017/325691:
2017/320907:
Aboriginal Legal Service (Applicant)
Office of the Director of Public Prosecutions (NSW) (Respondent)
Legal Aid (Applicant)
Office of the Director of Public Prosecutions (NSW) (Respondent)
File Number(s): 2017/320907; 2017/325691 Decision under appeal
- Court or tribunal:
- Wagga Wagga District Court
- Jurisdiction:
- District Court
- Citation:
- Date of Decision:
- 22 May 2020
- Before:
- His Honour Judge Lerve
Judgment
-
BELL P: I have had the benefit of reading the reasons for judgment of Rothman J with which I agree. On an application for leave to appeal on the basis of manifest excess of sentence, the task of an applicant for leave is a difficult one for reasons that have been explained by Rothman J. A sentence will not be disturbed for the simple reason that members of the Court of Criminal Appeal may have taken a more lenient or harsh view of the matter, were they conducting the sentencing hearing, than the sentencing judge. Something more must be shown that…
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- Case
- [2021] NSWCCA 185
- Decision Date
CaseChat Overview and Summary
The court identified that the primary legal issue was whether the sentences imposed were manifestly excessive. The court had to consider whether there was any identifiable error in the sentencing process and whether the sentences were plainly unjust or unreasonable. The court examined the nature of the offence, the culpability of the appellants, and the appropriate range of sentences for such a crime.
The court found that the sentencing judge had not made any identifiable error in the imposition of the sentences. The sentences were within the appropriate range and were considered appropriate given the circumstances. The court held that the sentences were neither plainly unjust nor unreasonable, and there was no basis to interfere with the sentencing judge's discretion. Consequently, the appeal was dismissed.
No further orders were made by the court.
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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