Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Harrold v R [2021] NSWCCA 88 Hearing dates: 09 April 2021 Date of orders: 07 May 2021 Decision date: 07 May 2021 Before: McCallum JA at [1]
Garling J at [2]
Cavanagh J at [88]Decision: Refuse leave to appeal
Catchwords: CRIME – Appeals – leave to appeal against sentence – competence of counsel – whether miscarriage of justice by reason of counsel’s conduct – context of unusual proceeding – no point of general principle
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Criminal Appeal Act 1912
Firearms Act 1996
Cases Cited: Assistant Commissioner Michael James Condon v Pompano Pty Ltd [2013] HCA 7; (2013) 252 CLR 38
Baroudi v Regina [2007] NSWCCA 48
Button v R [2010] NSWCCA 264
John Wayne Tsiakas v R [2015] NSWCCA 187
Nauer v R [2020] NSWCCA 174
Pantorno v The Queen [1989] HCA 18; (1989) 166 CLR 466
Parker v DPP (1992) 28 NSWLR 282
Pym v R [2014] NSWCCA 182
R v Abbott (1985) 17 A Crim R 355
Raymond John Munro v Regina [2006] NSWCCA 350
Re Minister for Immigration and Multicultural Affairs; Ex Parte Lam [2003] HCA 6; (2003) 214 CLR 1
Texts Cited: Not Applicable
Category: Principal judgment Parties: Clinton Harrold (Applicant)
The CrownRepresentation: Counsel:
Solicitors:
R Rodger (Applicant)
E Balodis (Crown)
Sydney Criminal Defence Lawyers (Applicant)
Director of Public Prosecutions (Crown)
File Number(s): 2017/252078 Publication restriction: Not Applicable Decision under appeal
- Court or tribunal:
- District Court
- Jurisdiction:
- Criminal
- Date of Decision:
- 02/08/2019
- Before:
- Ellis DCJ
- File Number(s):
- 2017/252078
Judgment
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McCALLUM JA: I agree with Garling J. On its face, the conclusion that no miscarriage of justice has been established in circumstances where defence counsel appearing at the proceedings on sentence said almost nothing, and relied on no material in mitigation, may seem surprising. An understanding of the circumstances in which the applicant was sentenced is important in that context. As Garling J has noted, the plea was entered during what was termed a “super call-over”. It is well understood that such arraignments produce a high volume of listings recruiting additional resources with a view to encouraging intensified out-of-court negotiations and so reducing court delays. In the absence of evidence from the applicant, that is enough to explain the seemingly unusual course of the proceedings on sentence in the present case.
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GARLING J: Clinton James Harrold (“the applicant”) seeks leave to appeal against a sentence imposed on him on 2 August 2019, in the District Court of Newcastle by Ellis DCJ.
The Sentence
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In the circumstances to which I will come, Ellis DCJ imposed an aggregate sentence of 5 years commencing on 15 July 2019 and expiring on 14 July 2024, with a non-parole period of 3 years expiring on 14 July 2022.
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His Honour indicated the following sentences:
Count 1 – aggravated robbery – 4 years and 3 months;
Count 2 – possession of prohibited firearm…
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- AGLC
- Harrold v The Queen [2021] NSWCCA 88
- Case
- [2021] NSWCCA 88
- Decision Date
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