Hall v R

Case [2021] NSWCCA 220


Court of Criminal Appeal


Supreme Court


New South Wales

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Medium Neutral Citation: Hall v R [2021] NSWCCA 220
Hearing dates: 11 August 2021
Decision date: 10 September 2021
Before: Leeming JA at [1];
R A Hulme J at [2];
Campbell J at [137]
Decision:

1. Leave to appeal against sentence granted.

2. Appeal dismissed.

Catchwords:

CRIME – appeal against sentence – multiple sexual offences committed while victim detained for a lengthy period – Crimes Act 1900 (NSW), ss 86(2)(b), 61J(1), 61I – domestic violence – guilty plea – totality – critical feature is need for overall sentence to reflect totality of criminality – crushing sentence – severity of sentence not linear – no error in application of totality principle – express reference to specific errors which have been avoided by sentencing judge not required – ground rejected

CRIME – appeal against sentence – manifest excess – aggregate sentence – partial accumulation – partial concurrency – offences above mid-range of objective seriousness – seven Form 1 offences – indicative non-parole periods less than standard non-parole periods – modest individual indicative sentences – greater need for accumulation – limited utility of comparable cases – comparable cases referred to easily distinguished – ground rejected – appeal dismissed

Legislation Cited:

Crimes Act 1900 (NSW), ss 61I, 61J(1), 86(2)(b), 195(1)(a)

Crimes (Appeal and Review) Act 2001 (NSW)

Crimes (Appeal and Review) Amendment (Double Jeopardy) Act 2009 (NSW)

Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A(5AA), 44(2B)

Criminal Procedure Act 1986 (NSW), s 166

Cases Cited:

Aryal v R [2021] NSWCCA 2

Asplund v R (Cth) [2014] NSWCCA 237

Attorney-General v Tichy 1982) 30 SASR 84

Attwater v R; Maris v R [2021] NSWCCA 17

Azzopardi v R (2011) 35 VR 43; [2011] VSCA 372

Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37

Cahyadi v R (2007) 168 A Crim R 41; [2007] NSWCCA 1

Chaouk v R [2017] NSWCCA 295

Clinch v R (1994) 72 A Crim R 301

Director of Public Prosecutions (Cth) v De La Rosa (2010) 205 A Crim R 1; [2010] NSWCCA 194

FL v R [2020] NSWCCA 114

Franklin v R [2013] NSWCCA 122

GJ v R [2014] NSWCCA 292

Hurst v R [2017] NSWCCA 114

JM v R (2014) 246 A Crim R 528; [2014] NSWCCA 297

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

JT v R [2012] NSWCCA 133

Kerr v R [2016] NSWCCA 218

Kleindienst v R [2020] NSWCCA 98

Mill v The Queen (1988) 166 CLR 59; [1998] HCA 70

Moodie v R [2020] NSWCCA 160

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

Munda v Western Australia (2013) 249 CLR 600; [2013] HCA 38

Newell v R [2004] NSWCCA 183

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

Noonan v R [2021] NSWCCA 35

Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221

Osman v R [2020]…

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Details
AGLC
Hall v R [2021] NSWCCA 220
Case
[2021] NSWCCA 220
Decision Date

CaseChat Overview and Summary

The appellant, Hall, was convicted of multiple sexual offences committed against a victim who was detained for a lengthy period. Hall appealed against the sentence imposed by the court. The primary legal issues were whether the sentence imposed was a crushing sentence and whether it was manifestly excessive. The appeal also questioned whether the totality principle was correctly applied by the sentencing judge. The court needed to determine if the severity of the sentence reflected the totality of Hall's criminality and whether the sentence was proportionate to the objective seriousness of the offences.

The court examined whether the sentence was crushing, noting that the severity of a sentence does not necessarily increase linearly with the number of offences or the length of detention. The court concluded that the sentence was not crushing and that the sentencing judge correctly applied the principle of totality. The court found that the sentence reflected the totality of Hall's criminality and that the judge had appropriately considered the need for accumulation due to the nature of the offences. The court also rejected the argument that the sentence was manifestly excessive, finding that the aggregate sentence, taking into account partial accumulation and partial concurrency, was appropriate. The court emphasised that the limited utility of comparable cases did not undermine the correctness of the sentence.

The court held that the appeal was without merit and dismissed it. The court found that the sentence imposed by the sentencing judge was appropriate and reflected the objective seriousness of the offences. The court noted that the indicative non-parole periods were less than the standard non-parole periods, and the individual indicative sentences were modest. However, the greater need for accumulation due to the nature of the offences justified the sentence. The court found that the comparable cases referred to in the appeal were easily distinguishable and did not undermine the correctness of the sentence. The appeal was dismissed, and the original sentence was upheld.

Orders

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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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