Drew v R
[2016] NSWCCA 310
Para 13
…The approach stated in Abdulrahman has been followed in, for example, Denham v R [2016] NSWCCA 309 at [78] and Drew v R [2016] NSWCCA 310 at [128]. Some of the reasons for that approach were identified in Gal v R [2011] NSWCCA 242 at [44]:…
Denham v R
[2016] NSWCCA 309
Para 13
…The approach stated in Abdulrahman has been followed in, for example, Denham v R [2016] NSWCCA 309 at [78] and Drew v R [2016] NSWCCA 310 at [128]. Some of the reasons for that approach were identified in Gal v R [2011] NSWCCA 242 at [44]:…
R v Baden-Clay
[2016] HCA 35
…13] HCA 38 O’Connell v R [2006] NSWCCA 82 Power v The Queen (1974) 131 CLR 623; [1974] HCA 26 The Queen v Baden-Clay [2016] HCA 35; (2016) 90 ALJR 1013 R v DB [2010] NSWSC 812 R v Engert (1995) 84 A Crim R 67 R v GDR (1994) 35 NSWLR 376 R v LNT [2005] NSWCCA 307 R v MA [2004] NSWCCA 92 R v Perez [2004] NSWCCA 218 R v…
Abdulrahman v R
[2016] NSWCCA 192
Para 12
…There is one final way in which sentencing on this appeal differs from that undertaken at first instance. In Abdulrahman v R [2016] NSWCCA 192, Bathurst CJ said at [3]-[4]:…
Aytugrul v R
[2015] NSWCCA 139
Para 48
…in accordance with the approach, then understood to be correct, as identified in Way: see McDonald v R [2015] NSWCCA 80 (per Basten JA); Aytugrul v R [2015] NSWCCA 139 (per Simpson J, Beazley P & Adamson J agreeing); Davis v R [2015] NSWCCA 90 (per Simpson J, Basten JA & Adamson J agreeing).…
Davis v R
[2015] NSWCCA 90
Para 48
…in Way: see McDonald v R [2015] NSWCCA 80 (per Basten JA); Aytugrul v R [2015] NSWCCA 139 (per Simpson J, Beazley P & Adamson J agreeing); Davis v R [2015] NSWCCA 90 (per Simpson J, Basten JA & Adamson J agreeing).…
McDonald v The Queen
[2015] NSWCCA 80
Para 48
…aving regard to the standard non-parole period in accordance with the approach, then understood to be correct, as identified in Way: see McDonald v R [2015] NSWCCA 80 (per Basten JA); Aytugrul v R [2015] NSWCCA 139 (per Simpson J, Beazley P & Adamson J agreeing); Davis v R [2015] NSWCCA 90 (per Simpson J, Basten JA…
Kentwell v The Queen
[2014] HCA 37
…“It seems to me that what is required by Kentwell v The Queen [2014] HCA 37; 252 CLR 601 is that once error on the part of the sentencing judge has been established, it is necessary to re-exercise the sentencing discretion to determine whether a lesser sentence is warranted in law. The Court, however, made it…
MB v R
[2013] NSWCCA 254
Para 1
…First, this Court is to disregard the standard non-parole period, in accordance with what was said in MB v R [2013] NSWCCA 254.…
Munda v Western Australia
[2013] HCA 38
Para 114
…nd invite submissions, before imposing a sentence higher than the range that would otherwise persist: Munda v Western Australia (2013) 249 CLR 600; [2013] HCA 38 per Bell J (in dissent) at [92], [95], [97] and [98].…
Paxton v R
[2011] NSWCCA 242
Para 13
…ample, Denham v R [2016] NSWCCA 309 at [78] and Drew v R [2016] NSWCCA 310 at [128]. Some of the reasons for that approach were identified in Gal v R [2011] NSWCCA 242 at [44]:…
Muldrock v The Queen
[2011] HCA 39
Para 4
…le period. His Honour did so, in accordance with Way, some three years before the High Court’s decision in Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 . The Crown conceded Muldrock error, and appropriately so. In a case such as this, the error was patently material. It suffices to point to two ways in…
Hili v The Queen
[2010] HCA 45
Para 95
…ever, as earlier stated, statistics can be misleading: see Salah v R [2009] NSWCCA 2 at [40]; Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45 (“ Hili & Jones”) at [54]. In Salah , the Court (Rothman J, with Bell JA [as her Honour then was] and Price J agreeing) said:…
DPP (Cth) v De La Rosa
[2010] NSWCCA 194
Para 92
…While the taxonomy in DPP (Commonwealth) v De La Rosa [2010] NSWCCA 194 at [177] is not exhaustive and was not intended to be exhaustive or prescriptive, each of those factors that are used to ameliorate the sentence to be imposed are factors which, in this case, ought to be taken into account in setting a sentence…
BP v R
[2010] NSWCCA 159
Para 59
…In BP v R [2010] NSWCCA 159, Hodgson JA (with whom Rothman J agreed) dealt extensively with the principles associated with the sentencing of a young offender. He said:…
Regina v DB
[2010] NSWSC 812
Para 36
…ence of remorse which differentiate this offence from many others. The sentence imposed by the primary judge was less than that imposed in R v DB [2010] NSWSC 812 for murder, once allowance is made for the discount attributable to DB’s plea. But each case is unique, and while the criminality of DB was considerably…
MJ v R
[2010] NSWCCA 52
Para 60
…he principles stated above by Hodgson JA have been adopted in many cases (both before and after the reasons for judgment in BP ): see MJ v R, CPD v R [2010] NSWCCA 52; R v LNT [2005] NSWCCA 307. In Regina v AN [2005] NSWCCA 239, the Court dealt with circumstances involving a very young offender who had significant…
Jones v The Queen
[2010] NZCA 119
Para 95
…However, as earlier stated, statistics can be misleading: see Salah v R [2009] NSWCCA 2 at [40]; Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45 (“ Hili & Jones”) at [54]. In Salah , the Court (Rothman J, with Bell JA [as her Honour then was] and Price J agreeing) said:…
Salah v R
[2009] NSWCCA 2
Para 95
…However, as earlier stated, statistics can be misleading: see Salah v R [2009] NSWCCA 2 at [40]; Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45 (“ Hili & Jones”) at [54]. In Salah , the Court (Rothman J, with Bell JA [as her Honour then was] and Price J agreeing) said:…
R v DL
[2008] NSWSC 1199
…e Number(s): 2006/2875 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Citation: [2008] NSWSC 1199 Date of Decision: 14 November 2008 Before: RS Hulme J File Number(s): 2006/2875…
TM v R
[2008] NSWCCA 158
Para 33
…o the offending, this may be seen as mitigating culpability and thus as reducing what is suggested by considerations of retribution: see TM v R [2008] NSWCCA 158 at [33] – [36]. [5] Second, while I agree with the statements in KT at [26] that the weight to be given to considerations relevant to a person’s youth dimi…
KT v R
[2008] NSWCCA 51
Para 153
…to be sentenced as a child offender. As a consequence s 6 of the Children (Criminal Proceedings) Act 1987 (NSW) applies to him. See generally KT v R [2008] NSWCCA 51; (2008) 182 A Crim R 571, at [22] - [25].…
R v SSA
[2007] NSWSC 1202
Para 110
…In R v SSA [2007] NSWSC 1202, the offender, who was 17, was sentenced to a non-parole period of 12 years (with a head sentence of 20 years) in circumstances of an attack in company and after trial. At the time the standard non-parole period was 20 years’ imprisonment.…
R v E
[2006] NSWCCA 305
…may not be fully developed until the early to mid‑twenties: see R v Slade [2005] 2 NZLR 526 at [43], quoted by Kirby J in R v Elliott [2006] NSWCCA 305; (2006) 68 NSWLR 1 at 27 [127]. As shown by R v Hearne [2001] NSWCCA 37; (2001) 124 A Crim R 451, youth may be a material factor in sentencing even a 19 year old for…
O'Connell v R
[2006] NSWCCA 82
Para 112
…The Crown, in its submissions, refers the Court to O’Connell v R [2006] NSWCCA 82 and R v Robinson [2002] NSWCCA 359. Each was an extraordinarily sadistic case. In O’Connell , the offender was not a minor and inflicted horrific injuries, including (apart from the 49 stab wounds) the impaling of the victim with a br…
R v LNT
[2005] NSWCCA 307
Para 60
…by Hodgson JA have been adopted in many cases (both before and after the reasons for judgment in BP ): see MJ v R, CPD v R [2010] NSWCCA 52; R v LNT [2005] NSWCCA 307. In Regina v AN [2005] NSWCCA 239, the Court dealt with circumstances involving a very young offender who had significant psychological issues. Howie…
R v AN
[2005] NSWCCA 239
Para 60
…n many cases (both before and after the reasons for judgment in BP ): see MJ v R, CPD v R [2010] NSWCCA 52; R v LNT [2005] NSWCCA 307. In Regina v AN [2005] NSWCCA 239, the Court dealt with circumstances involving a very young offender who had significant psychological issues. Howie J, with whom James and Rothman JJ…
R v P
[2004] NSWCCA 218
Para 68
…to principle: Griffiths v the Queen (1989) 167 CLR 372; [1989] HCA 39; R v GDR (1994) 35 NSWLR 376 at 381; R v MA [2004] NSWCCA 92; but see R v Perez [2004] NSWCCA 218 at [26].…
R v Way
[2004] NSWCCA 131
Para 2
…e about in a somewhat complex way. At the time sentence was imposed (14 November 2008), the trial judge was bound by R v Way (2004) 60 NSWLR 168; [2004] NSWCCA 131 to have regard to the standard non-parole period. At the time of the offence, the standard non-parole period for murder was 20 years’ imprisonment. The C…
R v MA
[2004] NSWCCA 92
Para 68
…of the term is necessarily contrary to principle: Griffiths v the Queen (1989) 167 CLR 372; [1989] HCA 39; R v GDR (1994) 35 NSWLR 376 at 381; R v MA [2004] NSWCCA 92; but see R v Perez [2004] NSWCCA 218 at [26].…
McCallum v Parole Board
[2003] NSWCCA 294
Para 90
…the Crimes (Administration of Sentences) Act 1999 (NSW); Clause 1 of the Operating Guidelines of the State Parole Authority; McCallum v Parole Board [2003] NSWCCA 294 at [26] et seq.…
R v Robinson
[2002] NSWCCA 359
Para 112
…The Crown, in its submissions, refers the Court to O’Connell v R [2006] NSWCCA 82 and R v Robinson [2002] NSWCCA 359. Each was an extraordinarily sadistic case. In O’Connell , the offender was not a minor and inflicted horrific injuries, including (apart from the 49 stab wounds) the impaling of the victim with a bro…
R v Whitfield
[2001] NSWSC 876
Para 109
…posed on a 17 year old, where the offence was committed in company and where the offender had prior convictions for violent offences: R v Whitfield [2001] NSWSC 876.…
R v Hearne
[2001] NSWCCA 37
…[2005] 2 NZLR 526 at [43], quoted by Kirby J in R v Elliott [2006] NSWCCA 305; (2006) 68 NSWLR 1 at 27 [127]. As shown by R v Hearne [2001] NSWCCA 37; (2001) 124 A Crim R 451, youth may be a material factor in sentencing even a 19 year old for a most serious crime. [6] Third, I do not think courts should be over-r…
Regina v Simpson
[1999] NSWCCA 367
Para 90
…convert a punishment into an opportunity for rehabilitation: Power v The Queen (1974) 131 CLR 623; [1974] HCA 26 (at 627-629 of the CLR); R v Simpson (2001) 53 NSWLR 704; R v MA [2004] NSWCCA 92. Nevertheless, the Court can take account, when dealing with the factor relating to protection of society, that the Parole A…
Griffiths v The Queen
[1989] HCA 39
Para 68
…le period and the subsequent calculation of the remainder of the term is necessarily contrary to principle: Griffiths v the Queen (1989) 167 CLR 372; [1989] HCA 39; R v GDR (1994) 35 NSWLR 376 at 381; R v MA [2004] NSWCCA 92; but see R v Perez [2004] NSWCCA 218 at [26].…
Veen v The Queen (No 2)
[1988] HCA 14
Para 86
…ic deterrence, protection of the community, rehabilitation, accountability, denunciation and retribution: Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14 (at 476 of the CLR).…
Barca v the Queen
[1975] HCA 42
Para 75
…nable hypothesis open on the evidence: The Queen v Baden-Clay [2016] HCA 35 at [46], [47] and the reference to Barca v The Queen (1975) 133 CLR 82; [1975] HCA 42. Despite some recent views to the contrary, the High Court in Baden-Clay does not elide the drawing of a reasonable inference on the one hand, and a re…
Power v The Queen
[1974] HCA 26
Para 90
…e purpose of setting a non-parole period is not to convert a punishment into an opportunity for rehabilitation: Power v The Queen (1974) 131 CLR 623; [1974] HCA 26 (at 627-629 of the CLR); R v Simpson (2001) 53 NSWLR 704; R v MA [2004] NSWCCA 92. Nevertheless, the Court can take account, when dealing with the fa…
Jones v Dunkel
[1959] HCA 9
Para 94
…ist. An inference may be drawn where “human experience would be contradicted” if it did not: Carr v Baker (1936) 36 SR (NSW) 301 at pp 306–307; Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8 (at 312, 320-321 of the CLR).…
Jones v Dunkel
[1959] HCA 8
Para 94
…e “human experience would be contradicted” if it did not: Carr v Baker (1936) 36 SR (NSW) 301 at pp 306–307; Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8 (at 312, 320-321 of the CLR).…
House v R
[1936] HCA 40
Para 51
…mine that there has been identifiable or manifest error in the sentencing from which the appeal has been brought: House v The King (1936) 55 CLR 499; [1936] HCA 40. Once there is disclosed identifiable error and this Court is required to resentence ( Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37), there…
Baker v Carr
(1962) 369 US 186
Para 94
…ual or possible psychoses diagnosed by each psychiatrist. An inference may be drawn where “human experience would be contradicted” if it did not: Carr v Baker (1936) 36 SR (NSW) 301 at pp 306–307; Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8 (at 312, 320-321 of the CLR).…
House v The King
63 WN 176
Para 51
…of a sentence, this Court must determine that there has been identifiable or manifest error in the sentencing from which the appeal has been brought: House v The King (1936) 55 CLR 499; [1936] HCA 40. Once there is disclosed identifiable error and this Court is required to resentence ( Kentwell v The Queen (2014) 252 CLR…
[2005] 2 NZLR 526
[2005] 2 NZLR 526
Para 43
…p progressively during adolescence and early adulthood, and may not be fully developed until the early to mid‑twenties: see R v Slade [2005] 2 NZLR 526 at [43], quoted by Kirby J in R v Elliott [2006] NSWCCA 305; (2006) 68 NSWLR 1 at 27 [127]. As shown by R v Hearne [2001] NSWCCA 37; (2001) 124 A Crim R 451, youth m…