Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Cooper v R [2021] NSWCCA 292 Hearing dates: 29 November 2021 Date of orders: 10 December 2021 Decision date: 10 December 2021 Before: Bathurst CJ at [1]
Harrison J at [2]
Wilson J at [3]Decision: 1. Leave to appeal granted.
2. Appeal dismissed.
Catchwords: CRIME — appeal against sentence — supply prohibited drug — failure to comply with reporting obligations — question of whether sentencing judge failed to consider mental conditions of applicant — where limited evidence of any mental disorders — question of manifest excess — where applicant in breach of intensive corrections orders and community corrections order at the time of offending — significant criminal history — limited remorse — medium risk of reoffending — poor prospects of rehabilitation — limited utility in comparing other sentences imposed for similar offences — appeal dismissed
Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW)
Crimes Act 1900 (NSW)
Criminal Appeal Act 1912 (NSW)
Drug Misuse and Trafficking Act 1985 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Cases Cited: Director of Public Prosecutions (DPP) (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194
Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45
Imbornone v R [2017] NSWCCA 144
JM v R (2014) 246 A Crim R 528; [2014] NSWCCA 297
Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221
R v Qutami (2001) 127 A Crim R 369; [2001] NSWCCA 353
Category: Principal judgment Parties: Peter Cooper (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
J Brock (Applicant)
A Morris (Respondent)
Randall Legal (Applicant)
Solicitors for Director of Public Prosecutions (NSW) (Respondent)
File Number(s): 2020/93894 Publication restriction: None Decision under appeal
- Court or tribunal:
- District Court of New South Wales
- Jurisdiction:
- Criminal
- Date of Decision:
- 10 March 2021
- Before:
- McLennan SC DCJ
- File Number(s):
- 2020/93894
Judgment
-
BATHURST CJ: I agree with Wilson J.
-
HARRISON J: I agree with Wilson J.
-
WILSON J: Pursuant to s 5(1)(c) of the Criminal Appeal Act 1912 (NSW) Peter Cooper, the applicant, seeks leave to appeal against an aggregate sentence imposed upon him in the District Court sitting at Lismore on 10 March 2021 by his Honour Judge McLennan SC. The sentence, of 3 years and 6 months imprisonment with a non-parole period (“NPP”) of 2 years, reflected two offences, together with a further two crimes taken into account pursuant to s 33 of the Crimes (Sentencing Procedure) Act 1999 (NSW), as follows.
Count
Offence
Max. Penalty
Indicative Sentence
1
Fail to comply with reporting obligations
s 17(1) Child Protection…
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- AGLC
- Cooper v The Queen [2021] NSWCCA 292
- Case
- [2021] NSWCCA 292
- Decision Date
CaseChat Overview and Summary
The legal issue before the court was whether the sentencing judge failed to consider the appellant's mental conditions, and if so, whether the sentence was manifestly excessive. The court considered whether there was a failure to consider the appellant's mental conditions and if this was a significant factor in the imposition of the sentence. The court also considered whether the sentence was manifestly excessive in light of all the circumstances, including the appellant's criminal history, the nature and circumstances of the offence, and the appellant's prospects of rehabilitation.
The court held that the sentencing judge did not fail to consider the appellant's mental conditions, as the limited evidence of any mental disorders did not establish such a failure. The court also held that the sentence was not manifestly excessive, taking into account the appellant's significant criminal history, the nature and circumstances of the offence, and the appellant's prospects of rehabilitation. The court noted that the appellant had breached several court orders at the time of the offence, had limited remorse, and a medium risk of reoffending, which were significant factors in the imposition of the sentence. The court also held that it was not appropriate to compare the sentence imposed with other sentences imposed for similar offences, as the circumstances of each case were different.
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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