Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Ford v R [2016] NSWCCA 69 Hearing dates: 6 April 2016 Date of orders: 02 May 2016 Decision date: 02 May 2016 Before: Basten JA at [1]
McCallum J at [2]
Davies J at [68]Decision: Application for an extension of the time within which to appeal refused.
Catchwords: CRIMINAL LAW – sentencing – application for extension of time within which to appeal – alleged appearance of bias – whether judge’s expression of distaste for the offending conduct revealed bias – role of denunciation in sentencing proceedings – protection of the community – whether judge misapplied the principles stated in Veen No 2 – disparity – where applicant received the same sentence for child sex offences as the father of two of the victims – whether sentences imposed gave rise to a justifiable sense of grievance on the part of the applicant Legislation Cited: Crimes Act 1900 (NSW), ss 66EB(3), 61J, 61J(1), 61JA(1), 61M(2), 61O(2A), 80G, 66A(2)
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 33, 3A(f), 3A(g), 21A(2), 21A(3), 21A(2)(d)Cases Cited: Concrete Pty Ltd v Parramatta Design & Developments Pty Ltd (2006) 229 CLR 577; [2006] HCA 55
Inkson v The Queen (1996) 6 Tas R 1; 88 A Crim R 334
Johnson v Johnson (2000) 201 CLR 488; [2000] HCA 48
Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14
Zreika v R [2012] NSWCCA 44Category: Principal judgment Parties: Bruce Ford (Appellant)
Regina (Respondent)Representation: Counsel:
Solicitors:
P Segal (Appellant)
S Dowling SC (Respondent)
Brock Partners Lawyers (Appellant)
Office of the Director of Public Prosecutions (Respondent)
File Number(s): 2010/386231 Publication restriction: None Decision under appeal
- Court or tribunal:
- District Court
- Date of Decision:
- 13 April 2012
- Before:
- Ellis DCJ
- File Number(s):
- 2010/386231
Judgment
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BASTEN JA: The application for an extension of the time within which to appeal should be refused, for the reasons given by McCallum J.
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McCALLUM J: Bruce Ford seeks leave to appeal against the sentences imposed upon him in the District Court after he pleaded guilty to nine counts of sexual offending against five children. The sentencing judge took a further 44 offences into account on six Forms 1, as allowed under s 33 of the Crimes (Sentencing Procedure) Act 1999 (NSW) (“Sentencing Procedure Act”). The judge assessed the totality of the offending to be “arguably in the worst category” and considered that, at the very least, it fell within the high range of sexual offending against children.
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The applicant was aged 44 years at the time he was sentenced. He had entered early pleas of guilty to all charges and was allowed a discount of 25%. He was sentenced to a total effective sentence of 21 years imprisonment with a non-parole period of 15 years.
Extension of time
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The application for leave to appeal was not filed within the time allowed under the Criminal Appeal Rules. The applicant was sentenced on 13…
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- AGLC
- Ford v The Queen [2016] NSWCCA 69
- Case
- [2016] NSWCCA 69
- Decision Date
CaseChat Overview and Summary
The legal issues before the Court involved whether the expression of distaste by the sentencing judge revealed a bias that would render the sentence invalid. The Court also needed to consider whether the sentence imposed was disproportionate to the crime committed, taking into account the role of denunciation and the protection of the community in sentencing. Furthermore, the Court had to determine whether the judge misapplied the principles set out in Veen No 2, and whether the disparity in sentences between the applicant and the father of two victims gave rise to a justifiable sense of grievance on the part of the applicant.
The Court held that the expression of distaste by the sentencing judge did not reveal a bias that would render the sentence invalid. The Court also found that the judge had properly considered the role of denunciation and the protection of the community in sentencing and had not misapplied the principles set out in Veen No 2. The Court held that the disparity in sentences between the applicant and the father of two victims did not give rise to a justifiable sense of grievance on the part of the applicant. The application for an extension of time to appeal was dismissed.
The Court ordered that the application for an extension of time to appeal be dismissed and that the original sentence imposed on the applicant be upheld. The Court also ordered that the applicant pay the costs of the respondent.
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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