Court of Criminal Appeal
Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Dawson (a pseudonym) v R [2021] NSWCCA 33 Hearing dates: 23 November 2020 Date of orders: 10 March 2021 Decision date: 10 March 2021 Before: Hoeben CJ at CL at [1];
Bellew J at [2];
Wright J at [3]Decision: (1) The applicant has leave to appeal.
(2) The appeal is dismissed.
Catchwords: CRIMINAL LAW – Sentence – Appeal against sentence –Whether aggregate sentence manifestly excessive – Aggregate sentence not manifestly excessive in the circumstances
CRIMINAL LAW – Sentence – Appeal against sentence – Parity – Whether applicant had justifiable sense of grievance by reason of marked disparity between the differences in length and mode of service of the sentences imposed upon him and his co-offender – Where applicant and co-offender were only co-offenders for one count among a collection of other offences – Objective and subjective features relevant to the applicant were different from those of the co-offender – No justifiable sense of grievance – Appeal dismissed
Legislation Cited: Crimes Act 1914 (Cth)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Drug Misuse and Trafficking Act 1985 (NSW)
Firearms Act 1996 (NSW)
Cases Cited: Atai v R [2020] NSWCCA 302
Chamon v R [2020] NSWCCA 112
Charbaji v R [2019] NSWCCA 28
Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49
Hughes v R [2018] NSWCCA 2
Jimmy v R (2010) 77 NSWLR 540; [2010] NSWCCA 60
JM v R [2014] NSWCCA 297; 246 A Crim R 528
Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46
Parente v R (2017) 96 NSWLR 633; [2017] NSWCCA 284
Remington v R [2018] NSWCCA 98
Rizk v R [2020] NSWCCA 291
R v Ball [2013] NSWCCA 126
R v Tannous; R v Fahda; R v Dib [2012] NSWCCA 243; 227 A Crim R 251.
Sheather v R [2020] NSWCCA 162
Category: Principal judgment Parties: Dawson (a pseudonym) (Applicant)
Regina (Crown)Representation: Counsel:
Solicitors:
S Kluss (Applicant)
B Hatfield (Crown)
Australian Criminal Law Group (Applicant)
Solicitor for Public Prosecutions (Crown)
File Number(s): 2018/0093674 Publication restriction: Note: non-publication order made by the District Court in relation to part of the remarks on sentence Decision under appeal
- Court or tribunal:
- District Court of New South Wales
- Jurisdiction:
- Criminal
- Date of Decision:
- 14 April 2020
- Before:
- Herbert DCJ
- File Number(s):
- 2016/249610; 2018/93674; 2018/271027
Judgment
-
HOEBEN CJ at CL: I agree with Wright J and the orders which he proposes.
-
BELLEW J: I agree with Wright J and the orders that he proposes.
-
WRIGHT J: The applicant, Mr Dawson (a pseudonym), seeks leave to appeal against an aggregate sentence imposed on him on 14 April 2020 by Herbert DCJ in the District Court at Parramatta.
Background
-
On 18 December 2019, the applicant pleaded guilty in the Local Court at Campbelltown to supplying not less than the commercial quantity of a prohibited drug, knowingly taking part in the supply of not…
Continue reading Dawson (a pseudonym) v R
Sign in free to access the full text
- AGLC
- Dawson (a pseudonym) v R [2021] NSWCCA 33
- Case
- [2021] NSWCCA 33
- Decision Date
CaseChat Overview and Summary
The Court examined the objective and subjective features of the case to determine whether the aggregate sentence was manifestly excessive. The Court noted that the appellant and his co-offender were only co-offenders for one count among a collection of other offences. The Court found that the objective and subjective features relevant to the appellant were different from those of the co-offender, and therefore, there was no basis for finding that the aggregate sentence was manifestly excessive. In relation to the disparity in sentences, the Court held that there was no justifiable sense of grievance, as the appellant and his co-offender were only co-offenders for one count, and the differences in their sentences were due to the different objective and subjective features of their respective cases.
The Court dismissed the appeal, holding that the aggregate sentence was not manifestly excessive and that there was no justifiable sense of grievance by reason of the marked disparity in the sentences imposed upon the appellant and his co-offender. The Court found that the lower court had appropriately considered the relevant factors in determining the sentences, and that there was no error in the sentencing process. The appeal was therefore dismissed, and the original sentence was upheld.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.