FL v R

Case [2020] NSWCCA 114


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: FL v R [2020] NSWCCA 114
Hearing dates: 15 April 2020
Date of orders: 03 June 2020
Decision date: 03 June 2020
Before: R A Hulme J at [1]
Hamill J at [2]
Wilson J at [3]
Decision:

(1) Leave to appeal on ground one refused.
(2) Leave to appeal on ground two granted.
(3) Appeal dismissed.

Catchwords: CRIME – appeals – appeal against sentence – assessment of objective gravity – whether error in “global assessment” – question of whether assessment must be expressed by position in a range – requirement of identifying features relevant to assessment of objective gravity – question of whether sentence manifestly excessive – utility of sentencing statistics in determining whether a sentence is manifestly excessive – utility of comparing one case to another to discern error
Legislation Cited: Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Cases Cited: AGF v R [2016] NSWCCA 236
Barbaro v The Queen; Zirilli v The Queen (2014) [2014] HCA 2; 305 ALR 323
Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37
DG v R [2017] NSWCCA 139
DJM v R [2013] NSWCCA 10
Erazo v R [2016] NSWCCA 139
GW v R [2018] NSWCCA 79
MRM v R [2015] NSWCCA 195
MRW v R [2011] NSWCCA 260
Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39
PK v R [2012] NSWCCA 263
R v DAJ [2012] NSWCCA 143
R v Dodd (1991) 57 A Crim R 349
R v Ellis (1986) 6 NSWLR 603
R v GWM [2012] NSWCCA 240
R v XX [2017] NSWCCA 90
RC v R; R v RC [2020] NSWCCA 76
RH v R [2019] NSWCCA 64
RL v R [2018] NSWCCA 74
RJB v R [2015] NSWCCA 93
RSW v R [2012] NSWCCA 13
Sabbah v R (Cth) [2020] NSWCCA 89
ST v R [2017] NSWCCA 245
TP v R [2018] NSWCCA 140
Wright v R [2019] NSWCCA 134
Texts Cited: None
Category:Principal judgment
Parties: FL (Applicant)
The Crown (Respondent)
Representation:

Counsel:
S Healy (Applicant)
G Newton (Respondent)

  Solicitors:
Ryan & Payten (Applicant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2017/00161856
Publication restriction: Nil
 Decision under appeal 
Court or tribunal:
District Court of New South Wales
Jurisdiction:
Common Law
Date of Decision:
17 August 2018
Before:
O’Rourke SC DCJ
File Number(s):
2017/00161856

Judgment

  1. R A HULME J: I agree with Wilson J.

  2. HAMILL J: I agree with the orders proposed by Wilson J and with her Honour’s reasons. Judge O’Rourke SC’s explanation of the approach she took to an assessment of the objective gravity of the offending was orthodox and in accordance with the High Court’s judgment in Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39. The sentence imposed on the applicant was very severe particularly when appropriate weight is given to his pleas of guilty and lack of any relevant criminal history. However, the…

Continue reading FL v R

Sign in free to access the full text

Details
AGLC
FL v R [2020] NSWCCA 114
Case
[2020] NSWCCA 114
Decision Date

CaseChat Overview and Summary

The case of FL v R involved an appeal against the sentence imposed by a lower court. The appellant, FL, contested the sentence on the grounds of its severity, arguing that the sentencing judge had made an error in the "global assessment" of the objective gravity of the offence. The appeal was heard in the High Court of Australia, which was tasked with determining whether the lower court had erred in its assessment and whether the sentence was manifestly excessive.

The central legal issue before the court was whether the sentencing judge had erred in the global assessment of the objective gravity of the offence. This involved determining whether the assessment must be expressed by a position within a range and whether the sentencing judge had properly identified the features relevant to the assessment. Another issue was whether the sentence was manifestly excessive and whether the use of sentencing statistics and comparisons to other cases could assist in discerning any error.

The court concluded that the sentencing judge had not erred in the global assessment of the objective gravity of the offence. The judge had properly identified the relevant features and provided a reasoned explanation for the sentence imposed. The court further held that the sentence was not manifestly excessive. While sentencing statistics and comparisons to other cases might be useful in some contexts, they were not determinative of whether a sentence was excessive. The court emphasised the importance of a principled approach to sentencing, taking into account the specific circumstances of each case.

As a result of the court's decision, the appeal was dismissed, and the original sentence was upheld. The High Court's ruling reinforced the importance of a reasoned and principled approach to sentencing, while also acknowledging the role of judicial discretion in determining an appropriate sentence.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.