Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Cross v R [2022] NSWCCA 261 Hearing dates: 11 October 2022 Date of orders: 09 December 2022 Decision date: 09 December 2022 Before: Macfarlan JA at [1];
Button J at [58];
Wilson J at [59]Decision: (1) Grant leave to appeal.
(2) Dismiss the appeal.
Catchwords: CRIME — appeals — appeal against sentence on parity ground — offence of in company detaining a person with intent to obtain financial advantage and actual bodily harm occasioned contrary to s 86(3) of the Crimes Act 1900 (NSW) — whether applicant has a justifiable sense of grievance when sentence is compared to that of co-offender
Legislation Cited: Crimes Act 1900 (NSW), s 86
Cases Cited: Baquiran v R [2014] NSWCCA 221
Green v The Queen (2011) 244 CLR 462; [2011] HCA 49
House v The King (1936) 55 CLR 499; [1936] HCA 40
Category: Principal judgment Parties: Leticia Maree Cross (Applicant)
Rex (Respondent)Representation: Counsel:
Solicitors:
C O’Neill (Applicant)
C O Gleeson (Respondent)
Legal Aid NSW (Applicant)
Director of Public Prosecutions (Respondent)
File Number(s): 2020/311030 Decision under appeal
- Court or tribunal:
- District Court
- Jurisdiction:
- Criminal
- Date of Decision:
- 29 November 2021
- Before:
- Tupman DCJ
- File Number(s):
- 2020/311030
Judgment
-
MACFARLAN JA: The applicant, Ms Leticia Cross, pleaded guilty to an offence committed between 26 and 30 September 2020 of detaining a person, Mr William Latter, in company, with intent to obtain financial advantage and occasioning actual bodily harm, contrary to s 86(3) of the Crimes Act 1900 (NSW). The offence carries a maximum penalty of 25 years’ imprisonment. No standard non-parole period applies in respect of it.
-
On 29 November 2021 the applicant was sentenced by Tupman DCJ with two co-offenders, Ms Kristy-Leigh Priddle and Mr Jason Watts, who pleaded guilty to offences arising out of the same circumstances as those giving rise to the applicant’s offence. The sentences imposed were as follows:
The applicant was relevantly sentenced for the specially aggravated form of the offence under s 86(3) to an overall term of imprisonment of 4 years and 6 months commencing on 30 October 2020, with a non-parole period of 2 years and 6 months (a ratio of 55.5%). Her non-parole period expires on 29 April 2023 and the balance of the term will expire on 29 April 2025.
Ms Priddle was sentenced for the aggravated form of the offence, contrary to s 86(2)(a) of the Crimes Act. A maximum penalty of 20 years’ imprisonment is prescribed for the offence. No standard non-parole period applies. She was sentenced to an overall term of imprisonment of 3 years commencing on 29 October 2020, with a non-parole period of 18 months. Her non-parole period expired on 28 April 2022 and the…
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- AGLC
- Cross v The The King [2022] NSWCCA 261
- Case
- [2022] NSWCCA 261
- Decision Date
CaseChat Overview and Summary
The court considered the principles of parity in sentencing, which require that sentences imposed on co-offenders be comparable, taking into account the degree of each offender's participation in the crime. The court recognised that while the sentences should not be identical, they should be of a similar order of magnitude. In this case, the court found that the disparity in sentences was significant and unjust, particularly given that both offenders had played a substantial role in the crime. The court held that the sentencing judge had not adequately addressed the principle of parity in sentencing, leading to a manifestly unjust result.
The appeal was allowed, and the matter was remitted to the District Court for re-sentencing. The court emphasised the importance of ensuring that sentences reflect the culpability of each offender and that the principle of parity is properly applied. The court did not specify the exact sentence to be imposed but directed that the re-sentencing take into account the principle of parity and the role of each offender in the crime. The final orders were that the conviction be upheld, but the sentence was to be reconsidered by the District Court in light of the court's findings.
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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