Carreno v The King

Case [2023] NSWCCA 20


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Carreno v R [2023] NSWCCA 20
Hearing dates: 31 October 2022
Date of orders: 17 February 2023
Decision date: 17 February 2023
Before: Button J at [1];
McNaughton J at [2];
R A Hulme AJ at [103]
Decision:

(1) Leave to file the appeal out of time granted.

(2) Leave to appeal allowed.

(3) Appeal dismissed.

Catchwords:

CRIME – appeal – sentence appeal – whether sentence imposed was manifestly excessive – whether sentencing judge failed to take into account a causal connection between youth or immaturity and offending – whether sentencing judge failed to provide sufficient reasons for finding of no causal connection between youth or immaturity and offending – aggravated sexual assault – aggravated break and enter and commit felony – significant delay between offending and sentencing – applicant’s youth at time of offending appreciated by sentencing judge – sentencing judge entitled to deal with issue of youth in the manner he did – indicative sentences not outside reasonable range – aggregate sentence not unreasonable or unjust – appeal dismissed.

Legislation Cited:

Children (Criminal Proceedings) Act 1987 (NSW) s 6

Crimes Act 1900 (NSW) ss 61J, 86, 112, 148

Crimes (Sentencing Procedure) Act 1999 (NSW) s 21A

Cases Cited:

Baker v R [2022] NSWCCA 195

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

Brooks v R [2006] NSWCCA 169

Byrne v R; Cahill v R [2021] NSWCCA 185

CW v R [2022] NSWCCA 50

Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54

DL v The Queen (2018) 266 CLR 1; [2018] HCA 26

Franklin v R [2018] NSWCCA 245

Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45

House v The King (1936) 55 CLR 499; [1936] HCA 40

Howard v R [2019] NSWCCA 109

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

Lowndes v The Queen (1999) 195 CLR 665; [1999] HCA 29

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

MS2vThe Queen [2005] NSWCCA 397; (2005) 158 A Crim R 93

Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 22

Osman v R [2020] NSWCCA 78

Piscitelli v R [2013] NSWCCA 8

R v Adamson [2002] NSWCCA 349; (2002) 132 A Crim R 511

R v AEM Snr, KEMandMM [2002] NSWCCA 58

R v Bus (Court of Criminal Appeal (NSW), 3 November 1995)

R v Charrouf(aka Obeid) [2020] NSWDC 311

R v E (a child) (1993) 66 A Crim R 14

R v Elliott (2006) 68 NSWLR 1; [2006] NSWCCA 305

R v GDP (1991) 53 A Crim R 112

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

R v Hoang [2003] NSWCCA 380

R v LC [2001] NSWCCA 175

R v Pham & Ly (1991) 55 A Crim R 128

R v Slade [2005] 2…

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AGLC
Carreno v The King [2023] NSWCCA 20
Case
[2023] NSWCCA 20
Decision Date

CaseChat Overview and Summary

The case of Carreno v The King involved the appellant, Carreno, appealing against his sentence, contending that the sentence imposed by the sentencing judge was manifestly excessive. The appeal was heard in the High Court of Australia. Carreno was convicted of aggravated sexual assault and aggravated break and enter and commit felony, and had been sentenced to a term of imprisonment with a non-parole period. The appeal centred around whether the sentence was excessively harsh and whether the sentencing judge failed to consider the causal connection between the appellant's youth or immaturity and his offending behaviour.

The legal issues before the court were whether the sentence imposed was manifestly excessive, whether the sentencing judge failed to take into account a causal connection between the appellant's youth or immaturity and his offending, and whether the sentencing judge failed to provide sufficient reasons for finding no causal connection between the appellant's youth or immaturity and his offending. The court also considered whether the indicative sentences and the aggregate sentence were outside the reasonable range or were unreasonable or unjust.

In its decision, the court held that the sentencing judge was entitled to deal with the issue of the appellant's youth in the manner that he did. The court found that the sentencing judge had appropriately appreciated the appellant's youth at the time of the offending and had not failed to take into account a causal connection between the appellant's youth or immaturity and his offending. The court also found that the sentencing judge had provided sufficient reasons for finding no causal connection between the appellant's youth or immaturity and his offending. The court further held that the indicative sentences and the aggregate sentence were not outside the reasonable range and were not unreasonable or unjust. The appeal was dismissed.

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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