Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Dunn v R [2023] NSWCCA 1 Hearing dates: 22 June 2022 Date of orders: 31 January 2023 Decision date: 31 January 2023 Before: Beech-Jones CJ at CL at [1]
Price J at [2]
Lonergan J at [3]Decision: (1) Extend time within which to file a notice of appeal until 22 February 2022.
(2) Grant leave to appeal.
(3) Appeal dismissed.
Catchwords: CRIMINAL LAW – appeal – appeal against sentence – robbery armed with a dangerous weapon – parity principle – whether applicant had a justifiable sense of grievance in light of sentence imposed on co-offender – where offenders sentenced for the same offence but delay, other sentences for other offending and totality considerations affected sentences imposed – no justified sense of grievance – leave to appeal granted – appeal dismissed
Legislation Cited: Crimes Act 1900 (NSW)
Cases Cited: Bond v R [2020] NSWCCA 277
Borg v R [2019] NSWCCA 129
Bugmy v the Queen (2013) 249 CLR 571; [2013] HCA 37
Chamon v R [2020] NSWCCA 112
Dawson (a pseudonym) v R [2021] NSWCCA 33
Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49
Lloyd v R [2017] NSWCCA 303
Mill v The Queen (1988) 166 CLR 59
Nasiri v R [2019] NSWCCA 1
Porter v R [2019] NSWCCA 117
Postiglione v The Queen (1996) 189 CLR 295; [1997] HCA 26
R v Cattell [2019] NSWCCA 297
R v Henry (1999) 46 NSWLR; [1999] NSWCCA 111
R v Jackson [2021] NSWDC 416
R v Obbens [2022] NSWCCA 109
R v Todd (1982) 2 NSWLR 517
Tatana v R [2006] NSWCCA 398
Category: Principal judgment Parties: David John Dunn (Applicant)
Crown (Respondent)Representation: Counsel:
Solicitors:
I McLachlan (Applicant)
A L Bonnor (Respondent)
Matouk Joyner Lawyers (Appellant)
Office of the Director of Public Prosecutions (Respondent)
File Number(s): 2020/00027822 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- District Court
- Jurisdiction:
- Criminal
- Citation:
N/A
- Date of Decision:
- 4 February 2021
- Before:
- Beckett DCJ
- File Number(s):
- 2020/00027822
Judgment
-
BEECH-JONES CJ AT CL: I agree with Lonergan J.
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PRICE J: I agree with Lonergan J.
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LONERGAN J: The applicant, David John Dunn, seeks leave to appeal against the sentence imposed upon him following his plea of guilty to one count of robbery while armed with a dangerous weapon contrary to s 97(2) of the Crimes Act 1900 (NSW). An offence contrary to s 97(2) of the Crimes Act has a maximum penalty of 25 years. There is no standard non-parole period.
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Sentence was imposed by the District Court on 4 February 2021. The sentencing judge, Beckett DCJ, imposed a sentence of imprisonment of 5 years and 3 months, with a non-parole period of 3 years. The sentence commenced on 4 May 2020 and so the non-parole period expires on 3 May 2023.
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The notice of intention to appeal was filed on 8 February 2021 but…
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- AGLC
- Dunn v The King [2023] NSWCCA 1
- Case
- [2023] NSWCCA 1
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the disparity in sentences between Dunn and his co-offender constituted a justifiable sense of grievance. This required an analysis of the principles underpinning sentencing, particularly the parity principle and the totality approach. The court had to consider whether the delay in sentencing, other sentences for separate offences, and the totality of the sentences imposed could justifiably account for the differences in the sentences. Furthermore, the court needed to assess if these factors could sufficiently mitigate the perceived disparity to negate any sense of grievance.
The High Court found that the differences in sentencing were not sufficient to establish a justifiable sense of grievance. The court acknowledged the principle of parity but held that the differences in sentences were explained by the delay in sentencing, additional charges, and the totality of the sentences imposed. These factors, the court reasoned, adequately addressed the perceived disparity, and thus no justifiable sense of grievance existed. The court granted leave to appeal but ultimately dismissed the appeal, upholding the original sentence.
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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