Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Hayward v R (Cth) [2021] NSWCCA 63 Hearing dates: 2 December 2020 Date of orders: 9 April 2021 Decision date: 09 April 2021 Before: McCallum JA at [1];
Johnson J at [2];
R A Hulme J at [105].Decision: 1. Extend time for the Applicant to seek leave to appeal against sentence to 3 September 2020.
2. Grant leave to appeal against sentence.
3. Allow the appeal and quash the sentences imposed at the Parramatta District Court on 20 June 2016 and corrected on 24 June 2016.
4. In their place, sentence the Applicant to an aggregate term of imprisonment of nine years and six months comprising a non-parole period of six years and four months commencing on 8 January 2015 and expiring on 7 May 2021 with a balance of term of three years and two months commencing on 8 May 2021 and expiring on 7 July 2024.
5. The earliest date upon which the Applicant will be eligible for release on parole is 8 May 2021.
Catchwords: APPEAL – sentence – applicant convicted of offences of possessing and uttering counterfeit money and producing false documents – applicant sentenced prior to decision in Xiao v R – regard not had to utilitarian value of Applicant’s pleas of guilty – Xiao v R error demonstrated – consideration of factors relevant to sentence for counterfeiting and identity fraud offences – general and specific deterrence significant factors on sentence – applicant resentenced
Legislation Cited: Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth)
Crimes (Currency) Act 1981 (Cth)
Crimes Act 1914 (Cth)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Criminal Appeal Act 1912 (NSW)
Cases Cited: Bae v R [2020] NSWCCA 35
Betka v R [2020] NSWCCA 197
Betts v The Queen (2016) 258 CLR 4520; [2016] HCA 25
Cameron v The Queen (2002) 209 CLR 339; [2002] HCA 6
Director of Public Prosecutions (Cth) v Beattie (2017) 270 A Crim R 556; [2017] NSWCCA 301
DL v The Queen (2018) 265 CLR 215; [2018] HCA 32
Huang v R (2018) 332 FLR 158; [2018] NSWCCA 70
Johnston v R [2017] NSWCCA 53
Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37
Khalid v R (2020) 102 NSWLR 160; [2020] NSWCCA 73
Parente v R (2017) 96 NSWLR 633; [2017] NSWCCA 284
R v Gittani [2002] NSWCCA 139
R v Institoris (2002) 129 A Crim R 458; [2002] NSWCCA 8
R v Rohde (1985) 17 A Crim R 166
R v Thomson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309
Sabbah v R (Cth) (2020) 283 A Crim R 78; [2020] NSWCCA 89
Stevens v R [2009] NSWCCA 260
Tyler v R; Chalmers v R (2007) 173 A Crim R 458; [2007] NSWCCA 247
Van Haltren v R (2008) 191 A Crim R 53; [2008] NSWCCA 274
Weber v R [2020] NSWCCA 103
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- AGLC
- Hayward v R (Cth) [2021] NSWCCA 63
- Case
- [2021] NSWCCA 63
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the applicant’s sentence could be reconsidered in light of Xiao v R, specifically focusing on whether the sentencing process failed to adequately account for the value of the applicant’s guilty pleas. Additionally, the court needed to determine the appropriate factors to consider when sentencing for offences of counterfeiting and identity fraud, particularly in the context of general and specific deterrence.
The court found that the applicant’s sentence was indeed affected by the failure to properly consider the value of the guilty pleas, as per the principles elucidated in Xiao v R. The court acknowledged that general and specific deterrence were significant factors in sentencing for counterfeiting and identity fraud offences. Consequently, the court decided to resentence the applicant, taking into account the full range of relevant factors, including the utilitarian value of the guilty pleas.
The final orders of the court were to resentence the applicant in accordance with the principles outlined in the judgment, ensuring that all relevant factors, including the value of the guilty pleas and considerations of general and specific deterrence, were properly weighed.
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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