Vaughan v R
[2020] NSWCCA 3
Para 37
…gate sentence, but the Court must keep in mind that it is the aggregate sentence which must be impugned and not the indicative sentences: Vaughan v R [2020] NSWCCA 3 at [89]-[92].…
Franklin v R
[2019] NSWCCA 325
Para 26
…cation. The fact that this issue was the subject of a reserved judgment has been noted in other appeals to this Court (see, for example, Franklin v R [2019] NSWCCA 325 at [144]). This issue is of some importance. Although not strictly necessary to do so as s 6(3) is not reached in this application, it is appropriate…
R v Cattell
[2019] NSWCCA 297
Para 99
…moving to exercise the s 6(3) function concerning the Applicant, the approach to s 25AA to be applied is that identified by this Court in R v Cattell [2019] NSWCCA 297 at [103]-[126]. There, Price J (Hoeben CJ at CL and Campbell J agreeing) explained the rationale for s 25AA and the steps to be adopted by a sentenci…
Roach v The Queen
[2019] NSWCCA 160
Para 178
…The situation that has arisen is similar to that which the Court dealt with in Roach v R [2019] NSWCCA 160 at [186] to [194].…
Connell v The Queen
[2019] NSWCCA 70
Para 159
…peal is brought. The aggregate sentence has to properly reflect the totality of the criminality involved in all of the offending conduct: Connell v R [2019] NSWCCA 70 at [48].…
Work Health Authority v Outback Ballooning Pty Ltd
[2019] HCA 2
Para 84
…t valuable recent statement ” in this respect was made by Gageler J in Work Health Authority v Outback Ballooning Pty Ltd (2019) 93 ALJR 212; [2019] HCA 2 at [74]-[77]. Gageler J said at [75]-[77] (footnotes omitted):…
RL v R
[2018] NSWCCA 274
Para 42
…to the imposition of a longer sentence than would otherwise be required if the Form 1 offence was not taken into account: Abbas v R at [23]; RL v R [2018] NSWCCA 274 at [53]-[57].…
Tepania v The Queen
[2018] NSWCCA 247
Para 30
…d other objective features of the offence, together with other circumstances which account for criminal conduct: Tepania v R (2018) 275 A Crim R 233; [2018] NSWCCA 247 at [112]. The overlapping concept of “moral culpability” arises for consideration in a similar way: Tepania v R at [113].…
Morton v R
[2018] NSWCCA 84
Para 147
…some other features that would, if they were present, make the offending more serious, does not mean that they are not serious offences: Morton v R [2018] NSWCCA 84 at [49].…
MC v R
[2017] NSWCCA 316
Para 133
…ion of this approach: see Garling J in MPB v R (2013) 234 A Crim R 576; [2013] NSWCCA 213 at [81]-[93] and Hamill J in MC v R (2017) 271 A Crim R 83; [2017] NSWCCA 316 at [5]-[6] and [22]-[52].…
Director of Public Prosecutions v Dalgliesh (a pseudonym)
[2017] HCA 41
…[128] In Director of Public Prosecutions (Victoria) v Dalgliesh (a Pseudonym) (2017) 262 CLR 428; [2017] HCA 41], Kiefel CJ, Bell and Keane JJ referred (at [54]-[56]) to the decision of the Victorian Court of Appeal in R v Kaye (1986) 22 A Crim R 366 concerning sentencing for incest offences, and then said at [5…
Hurst v R
[2017] NSWCCA 114
Para 144
…rds the offending conduct as serious, without ranking that conduct on a scale: Bland v R (2014) 241 A Crim R 51; [2014] NSWCCA 82 at [143]; Hurst v R [2017] NSWCCA 114 at [105]; Simpson v R [2014] NSWCCA 23 at [27].…
Sharma v R
[2017] NSWCCA 85
Para 143
…not place an obligation upon a sentencing judge to classify the objective seriousness of a particular offence by reference to some scale: Sharma v R [2017] NSWCCA 85 at [63]. What is required is that the sentencing judge “identify fully the facts, matters and circumstances which the judge concludes bear upon the j…
Woodward v R
[2017] NSWCCA 44
Para 55
…The submission for the Applicant in support of Ground 3 was similar to that advanced for the Applicant in Woodward v R [2017] NSWCCA 44 where R A Hulme J (Beazley P and Bellew J agreeing) said at [91]-[94]:…
Denham v R
[2016] NSWCCA 309
Para 56
…This approach was confirmed in Denham v R [2016] NSWCCA 309 where the Court said at [109]:…
Dao v R (No 3)
[2016] NSWCCA 282
Para 33
…The assessment of objective seriousness of an offence is quintessentially a matter for the sentencing Judge: Mulato v R [2016] NSWCCA 282 at [46]. The question is whether or not the particular characterisation which the sentencing Judge gave to the circumstances of the offence was open to the sentencing Judge: Mulat…
PB v R
[2016] NSWCCA 258
Para 149
…f conduct is capable of impacting upon each offence committed, against the background in which all of the offending took place. As stated in PB v R [2016] NSWCCA 258 at [16], a significant aspect of the seriousness relating to child sexual assault offences depends upon the degree to which an offender has, or is seen…
Ak v R
[2016] NSWCCA 238
Para 34
…sentencing Judge to take into account that the charged offences were not isolated ones nor were they aberrations on the part of the Applicant: AK v R [2016] NSWCCA 238 at [66]-[76]. Although this is not a factor which elevated the objective gravity of the offences, it bears upon sentences to be passed for a series o…
DPP v Dalgliesh (a pseudonym)
[2016] VSCA 148
Para 45
…and of the devastating consequences of this kind of crime for its victims [ Director of Public Prosecutions v Dalgliesh (a Pseudonym ) [2016] VSCA 148 at [45]-[47]]’.”…
Betts v The Queen
[2016] HCA 25
Para 16
…that a more optimistic view should be taken of prospects of rehabilitation. 15. (2014) 252 CLR 601; [2014] HCA 37. 16. (2016) 258 CLR 420; [2016] HCA 25 at [11]. 17. (2014) 252 CLR 601; [2014] HCA 37 at [43].…
R v Van Ryn
[2016] NSWCCA 1
Para 32
…not a case where the sentencing Judge made bare findings of fact with no assessment at all being made concerning objective seriousness: R v Van Ryn [2016] NSWCCA 1 at [133]-[136].…
Crump v R
[2016] NSWCCA 2
Para 96
…perate with respect to any resentencing exercise undertaken by this Court in the face of error on the part of the sentencing Judge: Crump v R [2016] NSWCCA 2 at [68].…
Kentwell v The Queen
[2014] HCA 37
Para 16
…tion truly were; such evidence may show that a more optimistic view should be taken of prospects of rehabilitation. 15. (2014) 252 CLR 601; [2014] HCA 37. 16. (2016) 258 CLR 420; [2016] HCA 25 at [11]. 17. (2014) 252 CLR 601; [2014] HCA 37 at [43].…
Bland v R
[2014] NSWCCA 82
Para 32
…s especially so where the offences for which sentence is to be imposed do not carry a standard non-parole period: Bland v R (2014) 241 A Crim R 51; [2014] NSWCCA 82 at [143]. This is not a case where the sentencing Judge made bare findings of fact with no assessment at all being made concerning objective seriousnes…
R v Gavel
[2014] NSWCCA 56
…t the level of harm to child victims of sexual offences has been more fully understood in recent decades. [127] In R v Gavel (2014) 239 A Crim R 469; [2014] NSWCCA 56, this Court said at [110]: ‘This Court has observed that child sex offences have profound and deleterious effects upon victims for many years, if not…
R v CMB
[2014] NSWCCA 5
Para 92
…t the level of harm to child victims of sexual offences has been more fully understood in recent decades. [127] In R v Gavel (2014) 239 A Crim R 469; [2014] NSWCCA 56, this Court said at [110]: ‘This Court has observed that child sex offences have profound and deleterious effects upon victims for many years, if no…
Simpson v R
[2014] NSWCCA 23
Para 144
…thout ranking that conduct on a scale: Bland v R (2014) 241 A Crim R 51; [2014] NSWCCA 82 at [143]; Hurst v R [2017] NSWCCA 114 at [105]; Simpson v R [2014] NSWCCA 23 at [27].…
SW v R
[2013] NSWCCA 255
Para 52
…f not the whole of their lives: R v CMB [2014] NSWCCA 5 at [92]. Sexual abuse of children will inevitably give rise to psychological damage: SW v R [2013] NSWCCA 255 at [52]. In R v G [2008] UKHL 37; [2009] 1 AC 92, Baroness Hale of Richmond (at [49]) referred to the ‘long term and serious harm, both physical and ps…
MPB v R
[2013] NSWCCA 213
Para 2
…117 A Crim R 497; [2000] NSWCCA 534 at [67]-[71] (Howie AJ); GRD v R [2009] NSWCCA 149 at [20] (Buddin J). 3. MPB v R (2013) 234 A Crim R 576; [2013] NSWCCA 213 at [85]; GRD v R [2009] NSWCCA 149 at [20], citing R v MJR (2002) 54 NSWLR 368; AJB v R (2007) 169 A Crim R 32; MJL v R [2007] NSWCCA 261; Featherstone v R…
Abbas, Bodiotis, Taleb and Amoun v R
[2013] NSWCCA 115
Para 42
…t to the need for personal deterrence and the community’s entitlement to exact retribution for serious offences: Abbas v R (2013) 231 A Crim R 413; [2013] NSWCCA 115 at [22]-[23]. This approach will generally lead to the imposition of a longer sentence than would otherwise be required if the Form 1 offence was not t…
DF v R
[2012] NSWCCA 171
Para 162
…. The applicant argued that such an approach would have been in conformity with the approach of this Court in DF v R (2012) 222 A Crim R 178; [2012] NSWCCA 171 at [55]-[56], but the sentence imposed reflected a non-parole period of 62% of the overall sentence so her Honour must have failed to make an appropriate adj…
Zreika v R
[2012] NSWCCA 44
Para 29
…In Zreika v R (2012) 223 A Crim R 460; [2012] NSWCCA 44, this Court said at [46]:…
Muldrock v The Queen
[2011] HCA 39
Para 143
…he judge concludes bear upon the judgment that is reached about the appropriate sentence to be imposed”: Muldrock v the Queen (2011) 244 CLR 120; [2011] HCA 39 at [29].…
Clarkson v The Queen
[2011] VSCA 157
…a child is intended to protect children from the physical and psychological harm taken to be caused by premature sexual activity: Clarkson v R [2011] VSCA 157; 32 VR 361 at 364 [3], 368-372 [26]-[39].’…
Khoury v R
[2011] NSWCCA 118
Para 71
…ive gravity of an offence has traditionally been an essential element of the sentencing process: R v Dodd (1991) 57 A Crim R 349 at 354; Khoury v R [2011] NSWCCA 118 at [71]. It is an essential element of the process of instinctive synthesis, a purpose of which is the imposition of a proportionate sentence, which ad…
BP v R; R v BP
[2010] NSWCCA 303
Para 20
…e order of one-third to one-half of the head sentence: See: AJB v R [2007] NSWCCA 51 at [36]; GRD v R [2009] NSWCCA 149 at [20]; and BP v R; R v BP [2010] NSWCCA 303 at [154]–[156]. 4. Remarks of Sentence, p15. 5. (2013) 234 A Crim R 576; [2013] NSWCCA 213 at [93]. See also GRD v R [2009] NSWCCA 149 at [20].…
GRD v R
[2009] NSWCCA 149
Para 2
…lly JJ and Newman AJ agreed; Mason P dissenting). See also R v Moon (2000) 117 A Crim R 497; [2000] NSWCCA 534 at [67]-[71] (Howie AJ); GRD v R [2009] NSWCCA 149 at [20] (Buddin J). 3. MPB v R (2013) 234 A Crim R 576; [2013] NSWCCA 213 at [85]; GRD v R [2009] NSWCCA 149 at [20], citing R v MJR (2002) 54 NSWLR 368; A…
Nguyen v R
[2008] NSWCCA 322
…[192] In Nguyen v R [2008] NSWCCA 322, this Court refused to receive an unsolicited document from counsel containing supplementary written submissions furnished after the hearing of the appeal. In the course of explaining this ruling, Tobias JA (James and Price JJ agreeing) said at [30]-[31]: “30 The time and place…
R v G
[2008] UKHL 37
Para 52
…CMB [2014] NSWCCA 5 at [92]. Sexual abuse of children will inevitably give rise to psychological damage: SW v R [2013] NSWCCA 255 at [52]. In R v G [2008] UKHL 37; [2009] 1 AC 92, Baroness Hale of Richmond (at [49]) referred to the ‘long term and serious harm, both physical and psychological, which premature sexu…
RWB v R
[2008] NSWCCA 93
Para 2
…citing R v MJR (2002) 54 NSWLR 368; AJB v R (2007) 169 A Crim R 32; MJL v R [2007] NSWCCA 261; Featherstone v R [2008] NSWCCA 71; Bradbury v R [2008] NSWCCA 93.…
Featherstone v R
[2008] NSWCCA 71
Para 2
…v R [2009] NSWCCA 149 at [20], citing R v MJR (2002) 54 NSWLR 368; AJB v R (2007) 169 A Crim R 32; MJL v R [2007] NSWCCA 261; Featherstone v R [2008] NSWCCA 71; Bradbury v R [2008] NSWCCA 93.…
Elliott v The Queen
[2007] HCA 51
Para 98
…The Applicant derives no support concerning the operation of s.6(3) from the decision in Elliott v The Queen (2007) 234 CLR 38; [2007] HCA 51. In that case, it was acknowledged that this Court is a court of error and that, for the purpose of determining whether error is demonstrated, this Court cannot have regar…
MJL v R
[2007] NSWCCA 261
Para 2
…576; [2013] NSWCCA 213 at [85]; GRD v R [2009] NSWCCA 149 at [20], citing R v MJR (2002) 54 NSWLR 368; AJB v R (2007) 169 A Crim R 32; MJL v R [2007] NSWCCA 261; Featherstone v R [2008] NSWCCA 71; Bradbury v R [2008] NSWCCA 93.…
AJB v R
[2007] NSWCCA 51
…rpretation Act 1987 (NSW) Cases Cited: Abbas v R (2013) 231 A Crim R 413; [2013] NSWCCA 115 AJB v R (2007) 169 A Crim R 32; [2007] NSWCCA 51 AK v R [2016] NSWCCA 238 Betts v The Queen (2016) 258 CLR 420; [2016] HCA 25 Bland v R (2014) 241 A Crim R 51; [2014] NSWCCA 82 Bradbury v R [2008] NSWCCA 93 Connell v R [2019…
Markarian v The Queen
[2005] HCA 25
…elevant to the sentence and then making a value judgment as to the appropriate sentence in all the circumstances of the case: Markarian v The Queen [2005] HCA 25; 228 CLR 357 at 377-378 [51]; Muldrock v The Queen at 1162 [26]. Assessment of the objective gravity of an offence has traditionally been an essential…
R v Cramp
[2004] NSWCCA 264
Para 31
…n-parole period is discretionary. It is a matter about which this Court will be slow to second-guess the assessment of the primary judge: R v Cramp [2004] NSWCCA 264 at [31] and R v Fidow [2004] NSWCCA 172 at [19]. [90] In this case, the judge found special circumstances “in order to avoid any unfairness that might…
R v Fidow
[2004] NSWCCA 172
Para 31
…a matter about which this Court will be slow to second-guess the assessment of the primary judge: R v Cramp [2004] NSWCCA 264 at [31] and R v Fidow [2004] NSWCCA 172 at [19]. [90] In this case, the judge found special circumstances “in order to avoid any unfairness that might arise by reason of the delay in the pros…
Eastman v Director of Public Prosecutions (ACT)
[2003] HCA 28
…] In refusing this application by the applicant, the Court had in mind what was said by McHugh J in Eastman v Director of Public Prosecutions (ACT) (2003) 214 CLR 318 at 330; [2003] HCA 28 at [29]-[31]: “29 Parties to matters before the Court need to understand that, once a hearing in the Court has concluded, only in…
R v MJR
[2002] NSWCCA 129
Para 2
…as moved adversely to an offender.” That extends to the fixing of a non-parole period. [3] 1. Remarks of Sentence, p15. 2. (2002) 54 NSWLR 368; [2002] NSWCCA 129 at [31] (Spigelman CJ, with whom Grove and Sully JJ and Newman AJ agreed; Mason P dissenting). See also R v Moon (2000) 117 A Crim R 497; [2000] NSWCCA 534…
R v MJK
[2001] NSWCCA 325
Para 2
…sentencing practice has moved adversely to an offender.” That extends to the fixing of a non-parole period. [3] 1. Remarks of Sentence, p15. 2. (2002) 54 NSWLR 368; [2002] NSWCCA 129 at [31] (Spigelman CJ, with whom Grove and Sully JJ and Newman AJ agreed; Mason P dissenting). See also R v Moon (2000) 117 A Crim R 497…