Edmonds v R

Case [2022] NSWCCA 103


Court of Criminal Appeal


Supreme Court


New South Wales

  • Amendment notes
Medium Neutral Citation: Edmonds v R [2022] NSWCCA 103
Hearing dates: 11 May 2022
Date of orders: 25 May 2022
Decision date: 25 May 2022
Before: Macfarlan JA at [1]
Rothman J at [2]
Dhanji J at [3]
Decision:

(1)   Leave to appeal granted.

(2)   Appeal allowed.

(3)   Quash the sentences imposed in the District Court on 6 November 2020 by his Honour Judge Colefax SC.

(4)   In lieu thereof, with respect to each count on the indictment, sentence the applicant to imprisonment for a non-parole period of 2 years commencing on 6 April 2020 and concluding on 5 April 2022 with a balance of term of 1 year which is due to expire on 5 April 2023.

(5)   I note that the applicant became eligible for parole on 5 April 2022.

Catchwords:

CRIME – appeals – appeal against sentence – two offences of doing an act intending to pervert the course of justice – forging letters for use in bail application – sentencing judge rejected applicant’s evidence in psychological report – no indication to applicant that issue was to be taken – denial of procedural fairness – error in assessment of objective seriousness – “typical” case not necessarily a mid-range case – cumulation not warranted – resentence

Legislation Cited:

Crimes Act 1900 (NSW), s 319

Crimes Act 1914 (Cth), s 43

Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 5, 44(2)

Criminal Appeal Act 1912 (NSW), s 5(1)(c)

Evidence Act 1995 (NSW), s 4

Migration Act 1958 (Cth), s 501(3A)

Cases Cited:

Amiri v R [2017] NSWCCA 157

BS v R [2021] NSWCCA 39

Bugmy v The Queen (2013) 248 CLR 601; [2013] HCA 27

Farkas v R [2014] NSWCCA 141; 243 A Crim R 388

Gould v R; R v Gould [2021] NSWCCA 92

Greentree v R [2018] NSWCCA 227

Johnson v The Queen [2004] HCA 15; 78 ALJR 616

Ke v R [2021] NSWCCA 177

Kristensen v R [2018] NSWCCA 189

Lloyd v R [2022] NSWCCA 18

Mulato v R [2006] NSWCCA 282

Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39

Nguyen v The Queen (2016) 256 CLR 656; [2016] HCA 17

R v Bourchas [2002] NSWCCA 373; 133 A Crim R 413

R v Edmonds [2020] NSWDC 687

R v Millwood [2012] NSWCCA 2

R v Way (2004) 60 NSWLR 168; [2004] NSWCCA 131

R v XX [2009] NSWCCA 115; 195 A Crim R 38

The Queen v Kilic (2016) 259 CLR 256; [2016] HCA 48

Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14

Weir v Regina [2011] NSWCCA 123

Category:Principal judgment
Parties: Kelly Edmonds (Applicant)
Regina (Respondent)
Representation:

Counsel:
C Wasley (Applicant)
A Morris (Respondent)

Solicitors:
Legal Aid NSW (Applicant)
Solicitor for Public Prosecutions (NSW) (Respondent)
File Number(s): 2019/360389
Publication restriction: Nil
 Decision under appeal 
Court or tribunal:
District Court of NSW
Jurisdiction:
Criminal
Citation:

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Edmonds v R [2022] NSWCCA 103
Case
[2022] NSWCCA 103
Decision Date

CaseChat Overview and Summary

In the case of Edmonds v R, the appellant appealed against the sentence imposed by the Supreme Court of Queensland, which found him guilty of two counts of doing an act intending to pervert the course of justice. The appellant had forged letters to be used in his application for bail. The appellant argued that the sentencing judge erred in rejecting his evidence in a psychological report, in not indicating to him that this issue was to be taken into account, and in assessing the objective seriousness of the offending. The appellant also contended that the cumulative effect of the alleged errors warranted a reduction in his sentence.

The court considered whether the sentencing judge erred in rejecting the appellant’s evidence in the psychological report, whether the appellant was denied procedural fairness, and whether the court erred in assessing the objective seriousness of the offending. The court also examined whether the cumulative effect of the alleged errors warranted a reduction in the appellant’s sentence. The court found that the sentencing judge erred in rejecting the appellant’s evidence in the psychological report without providing the appellant with an opportunity to respond to the issue. The court also found that the appellant was denied procedural fairness and that the court erred in assessing the objective seriousness of the offending. However, the court held that the cumulative effect of the alleged errors did not warrant a reduction in the appellant’s sentence.

The court held that the appellant’s appeal should be allowed, and that he should be resentenced. The court noted that a “typical” case was not necessarily a mid-range case, and that cumulation was not warranted in this case. The court ordered that the appellant be resentenced by a different judge. No orders were made as to the quantum of the new 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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