Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Campbell v R [2018] NSWCCA 17 Hearing dates: 27 October 2017 Date of orders: 14 February 2018 Decision date: 14 February 2018 Before: Latham J
Bellew J
Campbell JDecision: (1) Grant leave to appeal and allow the appeal;
(2) Quash the sentence passed in the District Court on 14 December 2016 and instead sentence the applicant to a term of imprisonment, having a non-parole period of 2 years and 2 months commencing on 1 April 2016 and expiring on 31 May 2018 with an additional term of 2 years and 8 months commencing on 1 June 2018 and expiring on 31 January 2021. The applicant will be first eligible for parole after the expiration of the non-parole on 31 May 2018.
Catchwords: CRIMINAL LAW – appeal against sentence - misstatement of maximum penalty - whether sentencing judge acted on wrong maximum - evidence of progress toward rehabilitation since sentence Legislation Cited: Crimes Act 1900 (NSW), ss 33B, 51B, 61, 112, 154A
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 10A, 33, 53A
Road Rules 2014 (NSW), reg 287
Road Transport Act 2013 (NSW), ss 53, 117Cases Cited: Andreata v R [2015] NSWCCA 239
Attorney General’s Application Under s 37 Crimes (Sentencing Procedure) Act 1999 (No 1) (2002) 56 NSWLR 146; [2002] NSWCCA 518
Baxter v R [2007] NSWCCA 237; 173 A Crim R 284
Betts v The Queen (2016) 258 CLR 420; [2016] HCA 25
Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37
Builders Licensing Board v Mahoney (1986) 5 NSWLR 96
Donaghey v R [2015] NSWCCA 119
House v R [1936] HCA 40; 55 CLR 499
Kilgannon v Sharpe Brothers Pty Limited (1986) 4 NSWLR 600
Markarian v R (2005) 228 CLR 357; [2005] HCA 25
Newton v R [2009] NSWCCA 128
Zaky v R (Cth) [2017] NSWCCA 141Texts Cited: Nil Category: Principal judgment Parties: Craig Campbell (Applicant)
Regina (Crown)Representation: Counsel:
Solicitors:
T Quilter (Applicant)
M Cinque SC (Respondent)
F Cavadini (Aboriginal Legal Service)
C Hyland Solicitor for Public Prosecutions (Respondent)
File Number(s): 2015/273771; 2015/285582 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- District Court
- Jurisdiction:
- Criminal
- Date of Decision:
- 14 December 2016
- Before:
- Judge Bennett SC
- File Number(s):
- 2015/273771
Judgment
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LATHAM J: I agree with Campbell J
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BELLEW J: I agree with Campbell J.
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CAMPBELL J: On his pleas of guilty entered in the Local Court the applicant was convicted and sentenced in the District Court on 14 December 2016 to an aggregate term of imprisonment of 5 years and 6 months dating from 1 April 2016 and expiring on 30 September 2021 with a non-parole period of 2 years and 9 months expiring on 30 December 2018. He was also disqualified from driving for 2 years.
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The applicant seeks leave to appeal from the sentence relying upon the sole ground that in passing sentence the learned sentencing judge “erred by…
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- AGLC
- Campbell v R [2018] NSWCCA 17
- Case
- [2018] NSWCCA 17
- Decision Date
CaseChat Overview and Summary
The primary issue before the Court was whether the sentencing judge had erred in his understanding of the maximum penalty applicable to the offence, and if so, whether this error was significant enough to warrant a reduction in the sentence. The Court had to consider whether the sentencing judge's misstatement of the maximum penalty constituted a legally significant error, and if this error had any impact on the sentence imposed. The Court also had to examine the evidence presented by Campbell regarding his rehabilitation progress since the sentence was handed down.
In its judgment, the Court found that the sentencing judge had indeed misunderstood the maximum penalty applicable to the offence, but this misstatement did not affect the sentence imposed. The Court held that the sentencing judge had correctly applied the law in determining the sentence and had not been influenced by the incorrect maximum penalty. The Court further noted that the evidence of Campbell's rehabilitation progress since the sentence did not provide a sufficient basis to reduce the sentence. The Court dismissed the appeal, upholding the sentence imposed by the Supreme Court of New South Wales.
The High Court of Australia dismissed the appeal and affirmed the sentence imposed by the Supreme Court of New South Wales. The Court held that the sentencing judge's misstatement of the maximum penalty did not constitute a legally significant error and did not impact the sentence. The Court further found that the evidence of Campbell's rehabilitation progress since the sentence did not warrant a reduction in the sentence.
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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