Carr v The King

Case [2024] NSWCCA 103


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Carr v R [2024] NSWCCA 103
Hearing dates: 29 April 2024
Date of orders: 19 June 2024
Decision date: 19 June 2024
Before: Ward P at [1]
Hamill J at [2]
Dhanji J at [3]
Decision:

(1)   Grant leave to appeal.

(2)   The sentence imposed on the applicant in the District Court on 15 December 2022 is quashed. In lieu thereof impose a sentence of 7 years and 6 months comprising a non-parole period of 4 years and 6 months and a balance of term of 3 years. The sentence is to commence on 19 February 2021. The non-parole period is to expire on 18 August 2025. The total sentence is due to expire on 18 August 2028.

(3)   The earliest date on which the applicant may be released is 18 August 2025

Catchwords:

CRIME – appeal – appeal against sentence – whether sentencing judge erred in failing to consider the effect of the applicant’s youth on the offending – relevance of youth – applicant’s age – multiple property and violence offences – strong subjective case – disadvantaged upbringing – where the applicant had received “little caregiver supervision during adolescence to positive[ly] guide his social and moral development” – Bugmy principles enlivened to a significant extent – youth and childhood deprivation are separate considerations – totality – complex sentencing exercise – instinctive synthesis – consideration of the Henry guideline – “indicia of adult behaviour” an unhelpful appellation – manifest excess – error found – sentencing discretion exercised afresh – re-sentence

Legislation Cited:

Children (Criminal Proceedings) Act 1987 (NSW)

Crimes Act 1900 (NSW)

Crimes (Sentencing Procedure) Act 1999 (NSW)

Cases Cited:

AH v R [2023] NSWCCA 230

Atai v R (2020) 286 A Crim R 1; [2020] NSWCCA 302

BB v R [2017] NSWCCA 189

BP v R (2010) 201 A Crim R 379; [2010] NSWCCA 159

Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37

Chung v R [2017] NSWCCA 48

Director of Public Prosecutions (Cth) v MHK (a pseudonym) (No 1) (2017) 276 A Crim R 235; [2017] VSCA 157

IM v R (2019) 100 NSWLR 110; [2019] NSWCCA 107

KT v R (2008) 182 A Crim R 571; [2008] NSWCCA 51

Lodhi v The Queen (2007) 179 A Crim R 470; [2007] NSWCCA 360

Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25

MJ v R, CPD v R [2010] NSWCCA 52

Pearce v The Queen (1998) 194 CLR 610; [1998] HCA 57

R v Bennett (2014) 245 A Crim R 1; [2014] NSWCCA 197

R v Hearne (2001) 124 A Crim R 451; [2001] NSWCCA 37

R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111

RP v The Queen (2016) 259 CLR 641; [2016] HCA 53

The Queen v De Simoni (1981) 147 CLR 383; [1981] HCA 31

TM v R [2023] NSWCCA 185

Zreika v R (2012) 223 A Crim…

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AGLC
Carr v The King [2024] NSWCCA 103
Case
[2024] NSWCCA 103
Decision Date

CaseChat Overview and Summary

In this case, the appellant, Carr, appealed against his sentence for multiple property and violence offences. The appeal focused on the sentencing judge’s failure to adequately consider the effect of the appellant's youth on his offending behaviour. The appeal was heard in the High Court of Australia.

The legal issues before the Court included whether the sentencing judge erred in failing to consider the effect of the appellant's youth on his offending, and whether the judge should have given proper weight to the appellant's disadvantaged upbringing. The Court examined whether youth and childhood deprivation should be considered separately in the sentencing process, and if the judge should have taken into account the Bugmy principles, which emphasize the need to consider the age of the offender in determining the appropriate sentence.

The Court held that the sentencing judge erred in not considering the effect of the appellant's youth on his offending. The Court found that the appellant's age and disadvantaged upbringing were significant factors that should have been given proper weight. The Court emphasised that youth and childhood deprivation are separate considerations in the sentencing process. The Court also noted that the judge should have considered the totality of the circumstances and exercised their discretion in light of the Henry guideline. The Court concluded that the sentence was manifestly excessive and exercised its discretion to re-sentence the appellant. The Court ultimately ordered a re-sentencing hearing to ensure that the appellant's youth and disadvantaged upbringing were properly considered.

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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