Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Charnley v R [2025] NSWCCA 20 Hearing dates: 12 February 2025 Date of orders: 26 February 2025 Decision date: 26 February 2025 Before: Basten AJA at [1];
McNaughton J at [2];
Weinstein J at [54]Decision: (1) Grant leave to extend the time for the applicant to file the Notice of Appeal to 7 November 2024.
(2) Grant leave to appeal.
(3) Dismiss the appeal.
Catchwords: CRIME – appeals – appeal against sentence – armed robbery – where co-offender’s sentence successfully appealed – parity – where disparity between applicant and co-offender – whether justifiable sense of grievance – appeal dismissed
Legislation Cited: Crimes Act 1900 (NSW), ss 33B, 97
Criminal Appeal Act 1912 (NSW), s 5(1)(c)
Cases Cited: Jones v The Queen (1993) 67 ALJR 376
Texts Cited: Nil
Category: Principal judgment Parties: Sean Albert Charnley (Applicant)
Rex (Respondent)Representation: Counsel:
Solicitors:
N Mikhaiel / T Kent (Applicant)
J Styles (Respondent)
Cassandra Giudice (Applicant)
Solicitor for Public Prosecutions (NSW) (Respondent)
File Number(s): 2021/00346056 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- District Court of New South Wales
- Jurisdiction:
- Criminal
- Date of Decision:
- 14 February 2023
- Before:
- English DCJ
- File Number(s):
- 2021/00346056
JUDGMENT
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BASTEN AJA: I agree with the orders proposed by McNaughton J, for the reasons she gives.
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McNAUGHTON J: The applicant, Sean Albert Charnley, seeks leave to appeal1 against the sentence imposed upon him on 14 February 2023 at the District Court in Lismore by her Honour Judge English (“the sentencing judge”).
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The same sentencing judge also sentenced the applicant’s two co-offenders, Peter Whipp and Scott Chandler, for the same two offences which had been committed jointly. The sentencing judge had imposed identical sentences (an effective sentence of 5 years and 3 months total term with a non-parole period of 3 years and 3 months) in respect of each of the three co-offenders.
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Mr Whipp successfully appealed his sentence to this Court: Whipp v R [2024] NSWCCA 79 (“Whipp v R”). The appeal was upheld on the basis that the sentencing judge had erred in failing to account for the extent to which Mr Whipp’s mental health would make a full-time custodial sentence more onerous. He was re-sentenced in relation to the offence of robbery armed with an offensive weapon (Crimes Act 1900 (NSW), s 97(1)) to 4 years and 6 months with a non-parole period of 2 years and 9 months. His sentence for the use offensive weapon with intent to commit an indictable offence (assault) in company offence (Crimes Act, s 33B(2)) was not disturbed.
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Following Whipp v R, the applicant lodged his application for leave to appeal. This was lodged out of time for reasons which are properly explained.…
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- AGLC
- Charnley v The King [2025] NSWCCA 20
- Case
- [2025] NSWCCA 20
- Decision Date
CaseChat Overview and Summary
The court examined the principles of parity in sentencing, considering the disparity between the applicant's sentence and that of his co-offender. It acknowledged that a sense of grievance might arise from such a disparity but held that the disparity itself did not automatically render the sentence unjust. The court considered the circumstances of the crime, the roles of the parties, and the appropriate sentence for the offence committed. It found that the disparity did not reflect a lack of proportionality or parity in the sentencing process. The court concluded that the disparity, while regrettable, was justifiable given the unique facts and circumstances of the case.
In light of the court's reasoning, the appeal was dismissed. The court held that the sentence imposed on the applicant was appropriate and not unjust despite the disparity with his co-offender's sentence. The sense of grievance experienced by the applicant was noted, but it was determined not to be a sufficient ground for altering the sentence. The final orders of the court were that the applicant's appeal against his sentence for armed robbery was dismissed, and the original sentence was upheld.
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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