Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Harris v R [2023] NSWCCA 174 Hearing dates: 01 March 2023 Date of orders: 12 July 2023 Decision date: 12 July 2023 Before: Beech-Jones CJ at CL at [1];
Davies J at [2];
McNaughton J at [3]Decision: (1) Leave to appeal granted.
(2) Appeal dismissed.
Catchwords: CRIME – appeal – appeal against sentence – whether the sentence imposed was manifestly excessive – armed robbery with an offensive weapon – tomahawk and petrol – offending occurred at RSL Club in small country town – sentence imposed not unreasonable or plainly unjust – appeal dismissed
Legislation Cited: Crimes Act 1900 (NSW), s 97
Crimes (Sentencing Procedure) Act1999 (NSW), ss 3A, 21A
Criminal Appeal Act 1912 (NSW), s 5
Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37
Chartres-Abbott v R [2021] NSWCCA 239
Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54
Director of Public Prosecutions (Cth) v De La Rosa
Foaiaulima v R [2020] NSWCCA 270
Gore v R; Hunter v R [2010] NSWCCA 330; (2010) 208 A Crim R 353
Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45
McLaughlin v R [2013] NSWCCA 152
Ngatamariki v R [2016] NSWCCA 155
Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221
R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111
Sabbah v R (Cth) [2020] NSWCCA 89
Category: Principal judgment Parties: Timothy Harris (Applicant)
Rex (Respondent)Representation: Counsel:
Solicitors:
I McLachlan (Applicant)
S Lind (Respondent)
Legal Aid NSW (Applicant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2020/67044 Publication restriction: A pseudonym order has been made to protect the identity of a child. Decision under appeal
- Court or tribunal:
- District Court of NSW
- Jurisdiction:
- Criminal
- Date of Decision:
- 10 September 2021
- Before:
- Turnbull SC DCJ
- File Number(s):
- 2020/67044
HEADNOTE
[This headnote is not to be read as part of the judgment]
On 8 March 2021, Timothy Harris (“the applicant”) was convicted of one count of armed robbery with an offensive weapon (contrary to s 97(1) of the Crimes Act 1900 (NSW)).
The robbery had taken place in the Molong RSL Club on a Sunday afternoon with staff and patrons present. The applicant was armed with a tomahawk axe and a bottle filled with petrol. The applicant squirted petrol into a patron’s face and made threats of further violence to staff and other patrons.
On 10 September 2021, Judge Turnbull SC (“the sentencing judge”) sentenced the applicant to a term of imprisonment of 9 years and 6 months with…
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- AGLC
- Harris v The King [2023] NSWCCA 174
- Case
- [2023] NSWCCA 174
- Decision Date
CaseChat Overview and Summary
The court considered the principles governing the assessment of sentence severity. It was established that a sentence could only be deemed manifestly excessive if it exceeded the outer limits of sentences that could be reasonably imposed for the crime. The court examined whether the trial judge had appropriately considered the nature and circumstances of the offence, Harris's criminal history, and any mitigating factors. The court found that the trial judge had comprehensively assessed these factors and concluded that the sentence imposed was neither unreasonable nor plainly unjust. The appellate court acknowledged the seriousness of the offence but also recognised the importance of the trial judge's discretion in sentencing.
The High Court held that the sentence was not manifestly excessive. The appeal was dismissed, affirming the original sentence imposed by the trial court. The court emphasised the importance of deference to the trial judge's assessment of the circumstances and the appropriate punishment for the crime committed. The judgment underscored the principle that appellate courts should intervene only in cases where the sentence is palpably outside the range of acceptable outcomes.
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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