Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Doyle v R [2021] NSWCCA 297 Hearing dates: 18 October 2021 Date of orders: 13 December 2021 Decision date: 13 December 2021 Before: Beech-Jones CJ at CL at [1]
R A Hulme J at [44]
Dhanji J at [52]Decision: (1) Grant leave to appeal against sentence.
(2) Appeal dismissed.
Catchwords: SENTENCING – indecent assaults committed on young male employees over a 30-year period – five victims – aggregate sentence – erroneous reference to standard non-parole period – error established – no lesser sentence warranted in law
Legislation Cited: Crimes(Sentencing Procedure) Act 1999
Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002
Crimes Act 1900
Cases Cited: Betts v The Queen (2016) 258 CLR 420; [2016] HCA 25
Doyle v R; R v Doyle [2014] NSWCCA 4
Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37
Texts Cited: Judicial Officers’ Bulletin, “Section 21A and the Sentencing Exercise” (2005) 17(6) JOB 43
Category: Principal judgment Parties: Phillip William Doyle (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
I Lloyd QC (Applicant)
K Jeffreys (Crown)
D Accoto (Applicant)
Solicitor for Public Prosecutions (NSW) (Respondent)
File Number(s): 2018/302443 Publication restriction: Pursuant to section 15A of the Children (Criminal Proceedings) Act 1987 and 578A of the Crimes Act 1900, publication of any matter which could identify the victims is prohibited Decision under appeal
- Court or tribunal:
- District Court
- Jurisdiction:
- Criminal
- Citation:
R v Doyle [2021] NSWDC 21
- Date of Decision:
- 11 February 2021
- Before:
- Judge Mahony SC DCJ
- File Number(s):
- 2018/302443
Judgment
-
BEECH-JONES CJ at CL: This is an application for leave to appeal against an aggregate sentence imposed upon the applicant for six sexual offences committed against children between 1978 and 2010. A further eight offences of a similar nature were taken into account on forms filed by the prosecutor under s 32(1) of the Crimes(Sentencing Procedure) Act 1999 (“Form 1s”).
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For the reasons set out below, although there were two conceded errors in the sentencing judgment, I consider that no lesser sentence is warranted and the appeal should be dismissed.
The Sentence
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On 30 September 2020, just prior to the commencement of his trial, the applicant entered pleas of guilty to the offences noted above. On 11 February 2021, Judge Mahony SC sentenced him to an aggregate sentence of imprisonment for 6 years 6 months, with a non-parole period of 4 years commencing on 4 July 2018 (R v Doyle [2021] NSWDC 21). The applicant will first become eligible for parole on 3 July 2022.
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The following table outlines the offences for which the applicant was sentenced including the Form 1 offences, the maximum penalty, any applicable…
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- AGLC
- Doyle v The Queen [2021] NSWCCA 297
- Case
- [2021] NSWCCA 297
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the aggregate sentence imposed on Doyle was lawful, particularly in light of an erroneous reference to the standard non-parole period. The court had to determine whether this error was sufficiently significant to warrant a review of the sentence, and if the aggregate sentence was justified given the nature and extent of the offences. The court also considered whether the error in the sentencing process resulted in a sentence that was manifestly inadequate.
In its decision, the court acknowledged that there was an error in the reference to the standard non-parole period. However, it found that this error did not undermine the overall fairness of the sentence. The court determined that the sentence imposed was appropriate in light of the severity and frequency of the assaults, as well as the number of victims. Given the circumstances, the court concluded that no lesser sentence was warranted under the law. Therefore, the appeal was dismissed, and the original sentence was upheld.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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