Crossgrove (a Pseudonym) v The Queen (No 2) - [2019] NSWDC 451

No judgment structure available for this case.

District Court

New South Wales

Medium Neutral Citation: Crossgrove (A Pseudonym) v R (No 2) [2019] NSWDC 451
Hearing dates: 31 May 2019
Date of orders: 31 May 2019
Decision date: 31 May 2019
Jurisdiction: Criminal
Before: P Taylor SC DCJ
Decision:
I grant leave for the appeal against sentence in respect of the three convictions found against the offender to be withdrawn.
I confirm the sentences imposed by the learned magistrate.

Catchwords: CRIME – severity appeal – earlier conviction appeal dismissed – leave to withdraw severity appeal
Category: Consequential orders (other than Costs)
Parties: Paul Daniel Crossgrove (Appellant)
Regina (Respondent)
Representation: Solicitors:
Johnston Vaughan Solicitors (Appellant)
Office of the Director of Public Prosecutions (Respondent)

File Number(s): 2017/236831
Publication restriction: NB: s 578A(2) of the Crimes Act 1900 applies to this matter – no publication of any matter which identifies any complainant or may lead to the identification of any complainant. As such pseudonyms have been used.
Decision under appeal

Court or tribunal:

Local Court

Jurisdiction:

Criminal

Date of Decision:

31 August 2018

Before:

Magistrate D Covington

File Number(s):

2017/236831

Judgment

The offender seeks leave to withdraw a severity appeal.
It would seem that a severity appeal is commonly warranted whenever multiple offences are the subject of a conviction appeal, since success on one conviction appeal may affect the sentence imposed for the other offences. Accordingly, a sentence appeal was warranted here where there were appeals against three convictions. Because of this circumstance, and because the Crown does not seek to be heard on the grant of leave, I am inclined to grant leave.
I grant leave for the appeal against sentence in respect of the three convictions found against the offender to be withdrawn.
I confirm the sentences imposed by the learned magistrate.

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Decision last updated: 30 August 2019

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Crossgrove (a Pseudonym) v The Queen (No 2) [2019] NSWDC 451

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Medium Neutral Citation:	Crossgrove (A Pseudonym) v R (No 2) [2019] NSWDC 451
Hearing dates:	31 May 2019
Date of orders:	31 May 2019
Decision date:	31 May 2019
Jurisdiction:	Criminal
Before:	P Taylor SC DCJ
Decision:	I grant leave for the appeal against sentence in respect of the three convictions found against the offender to be withdrawn. I confirm the sentences imposed by the learned magistrate.
Catchwords:	CRIME – severity appeal – earlier conviction appeal dismissed – leave to withdraw severity appeal
Category:	Consequential orders (other than Costs)
Parties:	Paul Daniel Crossgrove (Appellant) Regina (Respondent)
Representation:	Solicitors: Johnston Vaughan Solicitors (Appellant) Office of the Director of Public Prosecutions (Respondent)
File Number(s):	2017/236831
Publication restriction:	NB: s 578A(2) of the Crimes Act 1900 applies to this matter – no publication of any matter which identifies any complainant or may lead to the identification of any complainant. As such pseudonyms have been used.
Decision under appeal	Court or tribunal: Local Court Jurisdiction: Criminal Date of Decision: 31 August 2018 Before: Magistrate D Covington File Number(s): 2017/236831