Denniss v The King

Case [2025] NSWCCA 110


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Denniss v R [2025] NSWCCA 110
Hearing dates: 25 June 2025
Date of orders: 30 July 2025
Decision date: 30 July 2025
Before: Adamson JA at [1];
Garling J at [31];
Sweeney J at [32]
Decision:

(1) Grant leave to appeal.

(2) Allow the appeal.

(3) Quash the sentence imposed by Judge Harris on 15 March 2024 and sentence the applicant to a non-parole period of 6 years imprisonment, with an additional term of 3 years imprisonment, making a total sentence of 9 years imprisonment, to date from 30 August 2022. The non-parole period will expire on 29 August 2028, and the head sentence on 29 August 2031.

Catchwords:

CRIME – Appeals – Appeal against sentence – Assistance to authorities – Whether sentencing judge failed to take into account the applicant’s disclosure to the police immediately after the subject offence as evidence of assistance to authorities and as evidence of remorse – Discount under s 23 Crimes Sentencing Procedure Act 1999 (NSW) – Appeal allowed – Applicant resentenced

Legislation Cited:

Crimes Act 1900 (NSW), s 33(1)(b)

Crimes Sentencing Procedure Act 1999 (NSW), ss 21A, 23

Cases Cited:

Ahmad v R [2021] NSWCCA 30

Anderson v R [2019] NSWCCA 256

CMB v Attorney General for the State of New South Wales [2015] HCA 9; (2015) 256 CLR 3

Hamdan v R [2023] NSWCCA 80

Kentwell v The Queen [2014] HCA 37; (2014) 252 CLR 601

McKinley v R [2022] NSWCCA 14

Noonan v R [2020] NSWCCA 346

R v Burke [2002] NSWCCA 353

R v Ellis (1986) 6 NSWLR 603

R v SS (2021) 104 NSWLR 454; [2021] NSWCCA 56

Soars v R [2024] NSWCCA 218

Thewlis v R [2008] NSWCCA 176; (2008) 186 A Crim R 279

Tohifolau v R [2018] NSWCCA 283

White v R [2016] NSWCCA 190; (2016) 261 A Crim R 302

Zreika v R [2012] NSWCCA 44; (2012) 223 A Crim R 460

Category:Principal judgment
Parties: Joshua Dennis (Applicant)
Rex (Respondent)
Representation:

Counsel:
C O’Neill (Applicant)
F Sullivan (Respondent)

Solicitors:
Legal Aid (NSW) (Applicant)
Office of the Director of Public Prosecutions (NSW) (Respondent)
File Number(s): 2022/00258096
Publication restriction: Nil
 Decision under appeal 
Court or tribunal:
District Court of New South Wales
Jurisdiction:
Criminal
Date of Decision:
15 March 2024
Before:
Harris DCJ
File Number(s):
2022/00258096

HEADNOTE

[This headnote is not to be read as part of the judgment]

Joshua Denniss, the applicant, pleaded guilty in the Local Court to one offence of causing grievous bodily harm with intent to cause grievous bodily harm, contrary to s 33(1)(b) of the Crimes Act 1900 (NSW). On 15 March 2024, her Honour Judge Harris, after allowing the applicant a 25% discount for his plea of guilty, imposed a sentence of 10 years and 6 months imprisonment with a non-parole period of 7 years imprisonment, commencing on 30 August 2022.

The applicant sought leave to appeal against his sentence on the…

Continue reading Denniss v The King

Sign in free to access the full text

Details
AGLC
Denniss v The King [2025] NSWCCA 110
Case
[2025] NSWCCA 110
Decision Date

CaseChat Overview and Summary

The case of Denniss v The King involved an appeal by the applicant against the sentence imposed following a conviction for certain criminal offences. The applicant argued that the sentencing judge had failed to adequately consider the assistance provided to the police immediately after the offence as evidence of remorse and cooperation. The appeal was heard in the Supreme Court of New South Wales, which was asked to determine whether the sentencing judge had erred in not applying a discount for the applicant's early disclosure and cooperation under section 23 of the Crimes Sentencing Procedure Act 1999 (NSW). The court had to assess whether the sentencing judge's failure to consider this aspect of the applicant's conduct was a material error that warranted an appeal and a potential resentencing.

The central legal issue before the court was whether the sentencing judge had correctly applied the law in relation to the discount for early cooperation and remorse. The applicant argued that the failure to consider the immediate disclosure and cooperation amounted to a material error in the sentencing process, warranting a review and potential resentencing. The court needed to determine whether the sentencing judge's oversight was indeed an error of law that affected the sentence imposed. It was necessary to consider the statutory provisions and the jurisprudence regarding the appropriate circumstances for applying a discount under section 23 of the Act.

In allowing the appeal, the court found that the sentencing judge had failed to consider the applicant's early disclosure and cooperation, which was a material error. The court concluded that the discount under section 23 should have been applied, and that this oversight warranted a resentencing. The court emphasised the importance of recognising and appropriately considering evidence of remorse and cooperation as part of the sentencing process. Consequently, the appeal was allowed, and the applicant was to be resentenced in light of the court's findings.

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.