Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Dawson v R [2021] NSWCCA 53 Hearing dates: 23 September 2020 Decision date: 31 March 2021 Before: Hoeben CJ at CL at [1];
Rothman J at [76];
Bellew J at [84]Decision: (1) In relation to Grounds of Appeal 1A and 1B, refuse leave to the applicant to rely on those grounds.
(2) In relation to Ground of Appeal 2, grant leave to appeal but dismiss the appeal.
Catchwords: CRIMINAL LAW – sentence appeal – applicant pleaded guilty to two offences of aggravated break enter and commit serious indictable offence contrary to s 112(2) of the Crime Act 1900 (NSW) – co-offender convicted of one offence of aggravated break enter and commit serious indictable offence – whether error in sentencing judge not referring to Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 when that case had not been brought to her attention in the sentence hearing – Bugmy v The Queen considerations did not arise – whether the applicant’s sentence should be reduced for parity reasons – no justified sense of grievance – appeal dismissed.
Legislation Cited: Crimes Act 1900 (NSW) – ss 60, 61, 112, 546C
Criminal Appeal Act 1912 (NSW) – s 5
Crimes (Domestic and Personal Violence) Act 2007 (NSW) – s 13
Criminal Procedure Act 1986 (NSW) – s 166
Crimes (Sentencing Procedure) Act 1999 (NSW) – ss 10, 21A
Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37
Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49
Huckstadt v R [2016] NSWCCA 22
Kliendienst v R [2020] NSWCCA 98
Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46
R v Fernando (1992) 76 A Crim R 58
R v Tisalandis [1982] 2 NSWLR 430
Category: Principal judgment Parties: Nathan James Dawson – Applicant
Regina – Respondent CrownRepresentation: Counsel:
Solicitors:
G Lewer – Applicant
K Jeffreys – Respondent Crown
Legal Aid NSW – Applicant
Solicitor for Public Prosecutions – Respondent Crown
File Number(s): 2019/69008 Decision under appeal
- Court or tribunal:
- District Court of NSW
- Jurisdiction:
- Criminal
- Date of Decision:
- 20/9/2019
- Before:
- Harris DCJ
- File Number(s):
- 2019/69008
JUDGMENT
-
HOEBEN CJ at CL: The applicant seeks leave pursuant to s 5(1)(c) of the Criminal Appeal Act 1912 (NSW) to appeal against the sentence imposed upon him on 20 September 2019 by her Honour Judge Harris (the sentencing judge) sitting in the District Court at Parramatta.
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The applicant entered pleas of guilty on 10 July 2019 in the Local Court at Wollongong to two offences of aggravated break, enter and commit a serious indictable offence (intimidation), contrary to s 112(2) of the Crimes Act 1900 (NSW) (sequences 1 and 2). For each offence the maximum penalty…
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- AGLC
- Dawson v The Queen [2021] NSWCCA 53
- Case
- [2021] NSWCCA 53
- Decision Date
CaseChat Overview and Summary
The court found that there was no error in the sentencing judge's decision as the considerations from the Bugmy case did not arise in the present case. The sentencing judge was not obligated to refer to the Bugmy case as it had not been brought to her attention during the sentence hearing. Furthermore, the court held that the applicant's sentence should not be reduced for parity reasons as there was no justified sense of grievance. The applicant's offending was more serious than that of his co-offender, and the sentence reflected this difference. The appeal was ultimately dismissed.
No further orders were made by the court in this matter.
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