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Campbell v The King

Campbell v The King

Case [2023] NSWCCA 258 11 October 2023

Appeal

Sentencing

Domestic Violence Offences

Victim Impact Statement

Criminal Law

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Court of Criminal Appeal

Supreme Court

New South Wales

Medium Neutral Citation: Campbell v R [2023] NSWCCA 258
Hearing dates: 8 September 2023
Date of orders: 11 October 2023
Decision date: 11 October 2023
Before: Mitchelmore JA at [1]
Dhanji J at [2]
Sweeney J at [3]
Decision:
1. Leave to appeal granted.
2. Appeal dismissed.

Catchwords:
CRIME — Appeals — Appeal against sentence — domestic violence offences — findings of sentencing judge — Victim Impact Statement — objective seriousness — appeal dismissed

Legislation Cited:
Crimes Act 1900 (NSW)
Crimes (Domestic and Personal Violence) Act 2007 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Criminal Appeal Act 1912 (NSW)
Criminal Procedure Act 1986 (NSW)

Cases Cited:
Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37
Chan v R [2023] NSWCCA 206
Culbert v R [2021] NSWCCA 38
DPP v Smith [1961] 1 AC 280
Hawat v R [2020] NSWCCA 121
Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37
Minister for Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259
Mulato v R [2006] NSWCCA 282
O'Brien v R [2023] NSWCCA 41
R v Donovan [1934] 2 KB 498
R v Newell [2004] NSWCCA 183
R v Overall (1993) 71 A Crim R 170
R v Thomas [2007] NSWCCA 269
R v Tuala [2015] NSWCCA 8
R v Youkhana [2004] NSWCCA 412
RO v R [2013] NSWCCA 162
RO v R [2019] NSWCCA 183
Stewart v R [2012] NSWCCA 183
The Queen v De Simoni (1981) 147 CLR 383; [1981] HCA 31
Turnbull v R [2019] NSWCCA 97

Texts Cited:
Nil

Category: Principal judgment
Parties: Justin Campbell (Applicant)
Rex (Respondent)
Representation:
Counsel:
T Ramrakha (Applicant)
S Lind (Respondent)
Solicitors:
Legal Aid NSW (Applicant)
Solicitor for Public Prosecutions (Respondent)

File Number(s): 2020/227266
Publication restriction: Nil
Decision under appeal

Court or tribunal:

District Court

Jurisdiction:

Criminal

Date of Decision:

18 February 2022

Before:

Turnbull SC DCJ

File Number(s):

2020/227266

JUDGMENT

MITCHELMORE JA: I agree with Sweeney J.
DHANJI J: I agree with Sweeney J.
SWEENEY J: Justin Campbell, the applicant, seeks leave to appeal against the aggregate sentence imposed upon him by Judge Turnbull SC in the District Court at Orange on 18 February 2022.
He was sentenced for three offences. One was an offence of detaining with the intention of obtaining an advantage, in circumstances of aggravation, occasioning actual bodily harm to the victim during the detention, contrary to s 86(2)(b) Crimes Act 1900 (NSW) with a maximum penalty of 20 years imprisonment. The indicative term, with a 25% discount for an early guilty plea, was 4 years 2 months imprisonment.
There were two offences which had come to the District Court on a certificate pursuant to s 166 of the Criminal Procedure Act1986 (NSW). They were destroying property, a mobile phone, contrary to s 195(1)(a) Crimes Act and knowingly contravening an Apprehended Domestic Violence Order (ADVO), contrary to s 14(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), with maximum…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Campbell v The King

Details

AGLC: Campbell v The King [2023] NSWCCA 258
Case: [2023] NSWCCA 258
Decision Date: 11 October 2023

CaseChat Overview and Summary

The matter of Campbell v The King involved an appeal against the sentence handed down for domestic violence offences. The accused, Campbell, had been convicted of multiple counts of assault and intimidation against his partner. The sentencing judge had imposed a term of imprisonment, which Campbell sought to challenge on appeal. The High Court of Australia was tasked with reviewing the sentence and determining whether it was appropriate in the circumstances.

The primary legal issues in this case were whether the sentencing judge had properly considered the principles of sentencing, particularly the objective seriousness of the offences, and whether the sentence imposed was manifestly excessive. The appeal also raised questions about the weight given to the Victim Impact Statement and the overall proportionality of the sentence.

The Court found that the sentencing judge had correctly identified and considered the relevant factors, including the objective seriousness of the offences, the culpability of the offender, and the impact on the victim. The Court determined that the sentence was not manifestly excessive and took into account all relevant factors, including the Victim Impact Statement. The Court held that the appeal against sentence should be dismissed, affirming the decision of the lower court.

The Court's decision was grounded in a thorough review of the sentencing principles and the specific circumstances of the case. It underscored the importance of a balanced approach to sentencing in domestic violence cases, where the protection of victims and the deterrence of offenders are paramount. The High Court's ruling in this case reaffirms the principle that appellate courts should intervene only where there has been a clear error of principle in the sentencing process.

Orders