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
Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37
Minister for Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259
R v Overall (1993) 71 A Crim R 170
R v Youkhana [2004] NSWCCA 412
Texts Cited: Nil
Category: Principal judgment Parties: Justin Campbell (Applicant)
Rex (Respondent)Representation: Counsel:
Solicitors:
T Ramrakha (Applicant)
S Lind (Respondent)
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…
Continue reading Campbell v The King
Sign in free to access the full text
- AGLC
- Campbell v The King [2023] NSWCCA 258
- Case
- [2023] NSWCCA 258
- Decision Date
CaseChat Overview and Summary
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
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.