R v Bui
[2025] NSWCCA 114
Para 135
…dural fairness has been afforded to the respondent: DL v The Queen (2018) 265 CLR 215; [2018] HCA 32 at [9]; LS v R [2020] NSWCCA 27 at [43], R v Bui [2025] NSWCCA 114 at [261]. In circumstances where the Supreme Court (Criminal Appeal) Rules 2021 (NSW) do not provide an opportunity for the Crown to file a Notice of…
R v White
[2025] NSWCCA 111
Para 6
…ding that the sentence is manifestly excessive, is not a category of error recognised in House v The King (1936) 55 CLR 499; [1936] HCA 40: R v White [2025] NSWCCA 111 at [30] per Bell CJ (Payne JA and N Adams J agreeing).…
NK v The King
[2025] NSWCCA 73
Para 103
…The Court’s attention was drawn to the recent decision in NK v R [2025] NSWCCA 73 as an example of what the sentencing judge ought to have done in this case.…
R v DG
[2024] NSWDC 194
Para 4
…e sentence commenced on 7 November 2022. The non-parole period will expire on 6 January 2027, and the head sentence will expire on 6 May 2029: R v DG [2024] NSWDC 194.…
Lupton v R
[2024] NSWCCA 29
Para 84
…here is no need to require that a causal link between that and the background and the commission of the offence be established” citing Lupton v R [2024] NSWCCA 29 at [150] and R v MJ [2023] NSWCCA 306 at [132]-[135]. His Honour then stated that, “[h]owever, if the offender’s childhood deprivation is also to lead to…
R v MJ
[2023] NSWCCA 306
Para 84
…sal link between that and the background and the commission of the offence be established” citing Lupton v R [2024] NSWCCA 29 at [150] and R v MJ [2023] NSWCCA 306 at [132]-[135]. His Honour then stated that, “[h]owever, if the offender’s childhood deprivation is also to lead to a reduction in the objective gravity…
R v Eaton
[2023] NSWCCA 125
Para 84
…he objective gravity of an offence there does need to be such a link” citing Camilleri v R [2023] NSWCCA 106; 308 A Crim R 52 and R v Eaton [2023] NSWCCA 125; 308 A Crim R 465 at [53]. I shall turn to consider these cases below as well.…
Camilleri v R
[2023] NSWCCA 106
Para 84
…d deprivation is also to lead to a reduction in the objective gravity of an offence there does need to be such a link” citing Camilleri v R [2023] NSWCCA 106; 308 A Crim R 52 and R v Eaton [2023] NSWCCA 125; 308 A Crim R 465 at [53]. I shall turn to consider these cases below as well.…
DS v R; DM v R
[2022] NSWCCA 156
Para 82
…In support of the italicised statement of principle at [76] his Honour cited the decision in DS v R; DM v R (2022) 109 NSWLR 82; [2022] NSWCCA 156. I shall return to consider that decision further below.…
Totaan v The the Queen
[2022] NSWCCA 75
Para 95
…t also includes the subjective circumstances of the offender. Reliance was placed on the following passage in Totaan v The Queen (2022) 108 NSWLR 17; [2022] NSWCCA 75 per Bell CJ at [130]:…
Harris v R
[2021] NSWCCA 322
Para 114
…The reference to the observation by Dhanji J in Harris v R [2021] NSWCCA 322 is to the following passage (at [89]):…
Paterson v R
[2021] NSWCCA 273
Para 1
…ted to it. The latter is concerned with an offender’s moral blameworthiness for the offence: DS v R; DM v R at [64] citing Paterson v R [2021] NSWCCA 273 at [29] per Beech-Jones CJ at CL with whom R A Hulme and N Adams JJ agreed.…
Moiler v R
[2021] NSWCCA 73
Para 59
…ce and its commission might be described as ‘a’ causal connection, but it need not be the direct or precipitating cause (see Moiler v R [2021] NSWCCA 73 at [59] per Button J with whom Basten JA and Davies J agreed) (emphasis added). [96] It follows that an offender’s mental impairment is a matter that can affect bo…
Ahmad v R
[2021] NSWCCA 30
Para 104
…inherent in such a ground, advanced in the absence of a complaint of manifest excess, are so well established as to have been described in Ahmad v R [2021] NSWCCA 30 at [18] as “trite”.…
Dungay v R
[2020] NSWCCA 209
Para 44
…nity’s disapproval’ of the offending remained: Munda at [54] and see also C hristopher Ross v R [2019] NSWCCA 314 at [44]; Dungay v R [2020] NSWCCA 209 at [142].”…
LN v R
[2020] NSWCCA 131
Para 96
…Reference was made to the decisions in R v Abrahams [2013] NSWSC 952, R v SO [2014] ACTSC 316, R v MB [2017] NSWSC 619 and LN v R [2020] NSWCCA 131 as cases where offenders who killed children were not considered to be good vehicles for general deterrence. It was submitted that the fact that a matter involves a crim…
LS v R
[2020] NSWCCA 27
Para 135
…of re-sentence, but only if procedural fairness has been afforded to the respondent: DL v The Queen (2018) 265 CLR 215; [2018] HCA 32 at [9]; LS v R [2020] NSWCCA 27 at [43], R v Bui [2025] NSWCCA 114 at [261]. In circumstances where the Supreme Court (Criminal Appeal) Rules 2021 (NSW) do not provide an opportunit…
Ross, Christopher v The Queen
[2019] NSWCCA 314
Para 44
…of violence’ and to ‘express the community’s disapproval’ of the offending remained: Munda at [54] and see also C hristopher Ross v R [2019] NSWCCA 314 at [44]; Dungay v R [2020] NSWCCA 209 at [142].”…
RO v R
[2019] NSWCCA 183
Para 174
…less severe” than that imposed at first instance, it is not the practice of this Court to impose a more severe sentence. As I observed in RO v R [2019] NSWCCA 183 at [119] and [123], this Court usually reserves its decision, and judgment is delivered at a later date. The impracticality of reconvening the Court to g…
Tepania v The Queen
[2018] NSWCCA 247
Para 150
…aterson v R at [29]-[31], which in turn cited the following observation of Johnson J (with whom Payne JA and Simpson AJA agreed) in Tepania v R [2018] NSWCCA 247; 275 A Crim R 233 at [112]:…
DL v The Queen
[2018] HCA 32
Para 135
…sentencing judge in the event of re-sentence, but only if procedural fairness has been afforded to the respondent: DL v The Queen (2018) 265 CLR 215; [2018] HCA 32 at [9]; LS v R [2020] NSWCCA 27 at [43], R v Bui [2025] NSWCCA 114 at [261]. In circumstances where the Supreme Court (Criminal Appeal) Rules 2021 (N…
Parente v R
[2017] NSWCCA 285
Para 97
…particular types of cases was an approach eschewed in Robertson v R [2017] NSWCCA 205 per Simpson J (as her Honour was then) at [89] and Parente v R (2017) 96 NSWLR 633; [2017] NSWCCA 284 at [101].…
Parente v R
[2017] NSWCCA 284
Para 97
…cases was an approach eschewed in Robertson v R [2017] NSWCCA 205 per Simpson J (as her Honour was then) at [89] and Parente v R (2017) 96 NSWLR 633; [2017] NSWCCA 284 at [101].…
Robertson v R
[2017] NSWCCA 205
Para 97
…It was noted that placing a constraint on the sentencing discretion in particular types of cases was an approach eschewed in Robertson v R [2017] NSWCCA 205 per Simpson J (as her Honour was then) at [89] and Parente v R (2017) 96 NSWLR 633; [2017] NSWCCA 284 at [101].…
R v MB
[2017] NSWSC 619
Para 96
…Reference was made to the decisions in R v Abrahams [2013] NSWSC 952, R v SO [2014] ACTSC 316, R v MB [2017] NSWSC 619 and LN v R [2020] NSWCCA 131 as cases where offenders who killed children were not considered to be good vehicles for general deterrence. It was submitted that the fact that a matter involves a cri…
R v So
[2014] ACTSC 316
Para 96
…Reference was made to the decisions in R v Abrahams [2013] NSWSC 952, R v SO [2014] ACTSC 316, R v MB [2017] NSWSC 619 and LN v R [2020] NSWCCA 131 as cases where offenders who killed children were not considered to be good vehicles for general deterrence. It was submitted that the fact that a matter involves a cri…
R v Lolesio
[2014] NSWCCA 219
Para 59
…seriousness of the offence under the heading “Objective seriousness”. His Honour addressed the factors enumerated in the decision in R v Lolesio [2014] NSWCCA 219 (at [75]) as being relevant to an assessment of the objective seriousness of an offence contrary to s 33(1)(b) of the Crimes Act .…
Kentwell v The Queen
[2014] HCA 37
Para 133
…Error having been established the Court is required to re-sentence the applicant afresh: Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37.…
Aslan v R
[2014] NSWCCA 114
Para 94
…ed that there is no presumption that if an offence falls within a particular class or category that general deterrence will not be reduced: Aslan v R [2014] NSWCCA 114. Similarly, in R v Engert (1995) 84 A Crim R 67, Gleeson CJ at 68 observed that:…
Marrah v The Queen
[2014] VSCA 119
Para 16
…nda v Western Australia (2013) 249 CLR 600; [2013] HCA 38 at [54] (per French CJ, Hayne, Crennan, Kiefel, Gageler and Keane JJ); Marrah v The Queen [2014] VSCA 119 at [16] (per Redlich and Tate JJA).”…
Munda v Western Australia
[2013] HCA 38
Para 98
…nce was spontaneous and unplanned in nature which meant that general deterrence was of limited utility: Munda v Western Australia (2013) 249 CLR 600; [2013] HCA 38 (“ Munda ”) at [54]. Further, the sentencing judge was satisfied that there was a causal link between the offence and the applicant's background and…
Bugmy v The Queen
[2013] HCA 37
Para 7
…e found that the applicant’s moral culpability was significantly reduced due to the principles derived from Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 (“ Bugmy ”), his Honour erred in failing to consider whether that finding meant that this applicant was a suitable vehicle for general deterrence.…
R v Abrahams
[2013] NSWSC 952
Para 96
…Reference was made to the decisions in R v Abrahams [2013] NSWSC 952, R v SO [2014] ACTSC 316, R v MB [2017] NSWSC 619 and LN v R [2020] NSWCCA 131 as cases where offenders who killed children were not considered to be good vehicles for general deterrence. It was submitted that the fact that a matter involves a cri…
Muldrock v The Queen
[2011] HCA 39
…v The Queen (2014) 252 CLR 601; [2014] HCA 37 LN v R [2020] NSWCCA 131 LS v R [2020] NSWCCA 27 Lupton v R [2024] NSWCCA 29 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 Munda v Western Australia (2013) 249 CLR 600; [2013] HCA 38 NK v R [2025] NSWCCA 73 Parente v R (2017) 96 NSWLR 633; [2017] NSWCCA 284 Parker v Dire…
DPP (Cth) v De La Rosa
[2010] NSWCCA 194
Para 117
…count of a combination of Bugmy factors and the principles derived from Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 (“ De La Rosa ”). Although his Honour did not expressly cite this latter decision, it is clear that his Honour sentenced the applicant based on the principle…
Courtney v R
[2007] NSWCCA 195
Para 32
…[35] – [45]; R v Israil [2002] NSWCCA 255; R v Hemsley [2004] NSWCCA 228 at [33] – [36]; R v Verdins [2007] VSCA 102 at [32]; Courtney v R [2007] NSWCCA 195 at [14]-[18]; and R v Henry [2007] NSWCCA 90 at [28]. They can be summarised in the following manner: ●Where the state of a person’s mental health contributes…
R v Verdins
[2007] VSCA 102
Para 33
…– [51]; R v Harb [2001] NSWCCA 249 at [35] – [45]; R v Israil [2002] NSWCCA 255; R v Hemsley [2004] NSWCCA 228 at [33] – [36]; R v Verdins [2007] VSCA 102 at [32]; Courtney v R [2007] NSWCCA 195 at [14]-[18]; and R v Henry [2007] NSWCCA 90 at [28]. They can be summarised in the following manner: ●Where the state…
R v Henry
[2007] NSWCCA 90
Para 14
…v Hemsley [2004] NSWCCA 228 at [33] – [36]; R v Verdins [2007] VSCA 102 at [32]; Courtney v R [2007] NSWCCA 195 at [14]-[18]; and R v Henry [2007] NSWCCA 90 at [28]. They can be summarised in the following manner: ●Where the state of a person’s mental health contributes to the commission of the offence in a materia…
Markarian v The Queen
[2005] HCA 25
Para 3
…ious sentencing factors and for the purpose of undertaking the instinctive synthesis described in Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25: DS v R; DM v R at [92]-[93].…
R v Hemsley
[2004] NSWCCA 228
Para 33
…2000] WASCA 203; (2000) 114 A Crim R 333 at [43] – [51]; R v Harb [2001] NSWCCA 249 at [35] – [45]; R v Israil [2002] NSWCCA 255; R v Hemsley [2004] NSWCCA 228 at [33] – [36]; R v Verdins [2007] VSCA 102 at [32]; Courtney v R [2007] NSWCCA 195 at [14]-[18]; and R v Henry [2007] NSWCCA 90 at [28]. They can be summari…
R v Pearson
[2004] NSWCCA 129
Para 51
…v R [1999] WASCA 66 at [23]; R v Jiminez [1999] WASCA 7 at [23], [25]; Tsiaras at 400; Lauritsen at [51]; Israil at [23]; R v Pearson [2004] NSWCCA 129 at [43]; Henry [2007] NSWCCA 90 at [28]. ●It may also have the consequence that an offender is an inappropriate vehicle for general deterrence resulting in a reducti…
R v Israil
[2002] NSWCCA 255
Para 35
…at [40] – [48]; Lauritsen v R [2000] WASCA 203; (2000) 114 A Crim R 333 at [43] – [51]; R v Harb [2001] NSWCCA 249 at [35] – [45]; R v Israil [2002] NSWCCA 255; R v Hemsley [2004] NSWCCA 228 at [33] – [36]; R v Verdins [2007] VSCA 102 at [32]; Courtney v R [2007] NSWCCA 195 at [14]-[18]; and R v Henry [2007] NSWCCA…
Cheung v The Queen
[2001] HCA 67
…82] HCA 55 at 324-325 (Brennan J). Motive for the commission of an offence is an important factor on sentence: Cheung v The Queen (2001) 209 CLR 1; [2001] HCA 67 at 55-56 [171]-[172] (Callinan J).”…
R v Simpson
[2001] NSWCCA 297
Para 130
…-parole period of any sentence must reflect the criminality involved in the offence: Power v The Queen (1974) 131 CLR 623; [1974] HCA 26; R v Simpson [2001] NSWCCA 297 at [63]. The only explanation for an imposition of a sentence with a non-parole period of 4 years and 2 months was that the sentence had been signifi…
R v Harb
[2001] NSWCCA 249
Para 43
…] 1 VR 398 at 400; R v Fahda [1999] NSWCCA 267 at [40] – [48]; Lauritsen v R [2000] WASCA 203; (2000) 114 A Crim R 333 at [43] – [51]; R v Harb [2001] NSWCCA 249 at [35] – [45]; R v Israil [2002] NSWCCA 255; R v Hemsley [2004] NSWCCA 228 at [33] – [36]; R v Verdins [2007] VSCA 102 at [32]; Courtney v R [2007] NSWCCA…
Lauritsen v R
[2000] WASCA 203
Para 40
…encing: see, eg, R v Engert (1995) 84 A Crim R 67; R v Tsiarias [1996] 1 VR 398 at 400; R v Fahda [1999] NSWCCA 267 at [40] – [48]; Lauritsen v R [2000] WASCA 203; (2000) 114 A Crim R 333 at [43] – [51]; R v Harb [2001] NSWCCA 249 at [35] – [45]; R v Israil [2002] NSWCCA 255; R v Hemsley [2004] NSWCCA 228 at [33] –…
R v Fahda
[1999] NSWCCA 267
Para 40
…have developed principles to be applied when sentencing: see, eg, R v Engert (1995) 84 A Crim R 67; R v Tsiarias [1996] 1 VR 398 at 400; R v Fahda [1999] NSWCCA 267 at [40] – [48]; Lauritsen v R [2000] WASCA 203; (2000) 114 A Crim R 333 at [43] – [51]; R v Harb [2001] NSWCCA 249 at [35] – [45]; R v Israil [2002] NS…
Miller v R
[1999] WASCA 66
Para 254
…to denounce the crime may be reduced with a reduction in the sentence: R v Henry [1999] NSWCCA 111; 46 NSWLR 346 at [254]; Miller v R [1999] WASCA 66 at [23]; R v Jiminez [1999] WASCA 7 at [23], [25]; Tsiaras at 400; Lauritsen at [51]; Israil at [23]; R v Pearson [2004] NSWCCA 129 at [43]; Henry [2007] NSWCCA 90 a…
R v Henry
[1999] NSWCCA 111
Para 254
…al culpability may be reduced. Consequently the need to denounce the crime may be reduced with a reduction in the sentence: R v Henry [1999] NSWCCA 111; 46 NSWLR 346 at [254]; Miller v R [1999] WASCA 66 at [23]; R v Jiminez [1999] WASCA 7 at [23], [25]; Tsiaras at 400; Lauritsen at [51]; Israil at [23]; R v Pearson…
R v Jiminez
[1999] WASCA 7
Para 23
…with a reduction in the sentence: R v Henry [1999] NSWCCA 111; 46 NSWLR 346 at [254]; Miller v R [1999] WASCA 66 at [23]; R v Jiminez [1999] WASCA 7 at [23], [25]; Tsiaras at 400; Lauritsen at [51]; Israil at [23]; R v Pearson [2004] NSWCCA 129 at [43]; Henry [2007] NSWCCA 90 at [28]. ●It may also have the conseq…