Court of Criminal Appeal
Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Goldberg v R [2018] NSWCCA 99 Hearing dates: 19 February 2018 Date of orders: 28 May 2018 Decision date: 28 May 2018 Before: Hoeben CJ at CL at [1];
White JA at [2];
Fullerton J at [15]Decision: 1. Leave to appeal granted.
2. The appeal is allowed.
3. Quash the sentence imposed by Blackmore DCJ on 9 March 2017 and, in lieu thereof, impose an aggregate sentence of imprisonment for 8 years and 6 months with a non-parole period of 6 years and 4 months commencing on 5 November 2015 and expiring on 4 March 2022 with a balance of term of 2 years and 2 months expiring on 4 May 2024.Catchwords: CRIMINAL LAW – appeal against sentence – possession of four prohibited firearms contrary to s 51D(2) of the Firearms Act – whether the sentencing judge erred in his assessment of the objective seriousness of the offence – whether the sentencing judge erred in applying the principle of general deterrence – whether the sentencing judge failed to take account of the applicant’s limited criminal record – whether the sentencing judge failed to assess the applicant’s prior good character – whether the sentence imposed was manifestly excessive. Legislation Cited: Crimes Act 1900 (NSW), s 93G(1)(b), s 307B(1), s 527C(1)(c), s 546C
Crimes (Sentencing Procedure) Act 1999 (NSW), s 32
Criminal Appeal Act 1912 (NSW), s 5(1)(c)
Criminal Procedure Act 1986 (NSW), s 166
Firearms Act 1996 (NSW), s 7A(1), s 51D(2), s 65(3)
Firearms Amendment (Public Safety) Act 2002 (NSW)
Firearms Regulation 2006 (NSW)
Poisons and Therapeutic Goods Act 1996 (NSW), s 16(1)
Weapons Prohibitions Act 1988 (NSW), s 7(1)Cases Cited: Aoun v R [2007] NSWCCA 292
Attorney-General's Application Under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002, Re [2002] NSWCCA 518; 56 NSWLR 146
Cornish v R [2015] NSWCCA 256
Dang v R [2014] NSWCCA 47
Dionys v R [2011] NSWCCA 272; 217 A Crim R 280
El Jamal v R [2017] NSWCCA 243
Elsaj v R [2017] NSWCCA 124
Gal v R [2015] NSWCCA 242
Hughes v R [2018] NSWCCA 2
JM v R [2014] NSWCCA 297; 246 A Crim R 528
Kentwell v R [2014] HCA 37; 252 CLR 601
Mack v R [2009] NSWCCA 216
Muldrock v R [2011] HCA 39; 244 CLR 120
R v Brown [2006] NSWCCA 249
R v KB; R v JL; R v RJB [2011] NSWCCA 190
R v Lachlan [2015] NSWCCA 178; 252 A Crim R 277
R v Mahmud [2010] NSWCCA 219
RCW v R (No 2) [2014] NSWCCA 190; 244 A Crim R 541
Ryan v R [2001] HCA 21; 206 CLR 267
Taylor v R [2013] NSWCCA 157
Weininger v R [2003] HCA 14; 212 CLR 629Category: Principal judgment Parties: John Goldberg (Applicant)
The Crown (Respondent)Representation: Counsel:
T Game SC / D Barrow (Applicant)
Continue reading Goldberg v The Queen
Sign in free to access the full text
Details
- AGLC
- Goldberg v The Queen [2018] NSWCCA 99
- Case
- [2018] NSWCCA 99
- Decision Date
CaseChat Overview and Summary
The appellant, Goldberg, appealed against his sentence following a conviction for possession of four prohibited firearms in breach of section 51D(2) of the Firearms Act. The appeal was heard in the High Court of Australia. The primary issue before the court was whether the sentencing judge had erred in assessing the objective seriousness of the offence. The court was also tasked with determining whether the sentencing judge had erred in applying the principle of general deterrence and whether he had failed to consider the applicant’s limited criminal history and good character. Another matter for the court was to decide whether the sentence imposed was manifestly excessive.
The High Court determined that the sentencing judge had indeed erred in his assessment of the objective seriousness of the offence, as he had not properly considered the totality of the circumstances. The court found that the sentencing judge had given insufficient weight to the applicant’s limited criminal record and prior good character. In addition, the court concluded that the sentencing judge had failed to appropriately apply the principle of general deterrence, resulting in an overemphasis on the severity of the punishment. The court held that the sentence imposed was manifestly excessive, taking into account the totality of the circumstances, including the applicant’s background and the objective seriousness of the offence.
The High Court allowed the appeal, quashed the sentence, and remitted the matter to the trial judge for re-sentencing. The court emphasised the importance of considering the totality of the circumstances, including the offender’s criminal history and good character, when assessing the objective seriousness of the offence and applying the principle of general deterrence. The court also highlighted the need for a balanced approach in determining the appropriate sentence, taking into account both the severity of the offence and the individual circumstances of the offender.
The High Court determined that the sentencing judge had indeed erred in his assessment of the objective seriousness of the offence, as he had not properly considered the totality of the circumstances. The court found that the sentencing judge had given insufficient weight to the applicant’s limited criminal record and prior good character. In addition, the court concluded that the sentencing judge had failed to appropriately apply the principle of general deterrence, resulting in an overemphasis on the severity of the punishment. The court held that the sentence imposed was manifestly excessive, taking into account the totality of the circumstances, including the applicant’s background and the objective seriousness of the offence.
The High Court allowed the appeal, quashed the sentence, and remitted the matter to the trial judge for re-sentencing. The court emphasised the importance of considering the totality of the circumstances, including the offender’s criminal history and good character, when assessing the objective seriousness of the offence and applying the principle of general deterrence. The court also highlighted the need for a balanced approach in determining the appropriate sentence, taking into account both the severity of the offence and the individual circumstances of the offender.
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.