Howard v R

Case [2019] NSWCCA 109


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Howard v R [2019] NSWCCA 109
Hearing dates: 13 March 2019
Date of orders: 07 June 2019
Decision date: 07 June 2019
Before: Macfarlan JA at [1]
Fullerton J at [2]
Bellew J at [34]
Decision:

(1)   Leave to appeal is granted.

 

(2)   The appeal is allowed.

 

(3)   The sentence imposed in the District Court is quashed.

 (4)   In lieu thereof, the applicant is sentenced to a term of imprisonment of 6 years and 9 months commencing on 12 April 2016 and expiring on 11 January 2023, with a non-parole period of 4 years commencing on 12 April 2016 and a balance of term of 2 years and 9 months. The applicant will be eligible to be released to parole on 11 April 2020.
Catchwords: CRIMINAL LAW – Sentence – Appeal – Sending an explosive substance with intent to burn – Whether offending premeditated – Whether immaturity played a part in the offending – Consideration of sentencing principles relating to youthful offenders – Whether sentence manifestly excessive
Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW)
Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Cases Cited: Attorney-General’s Application under s 37 Crime (Sentencing Procedure) Act 1999 (No 1 of 2002) (2002) 56 NSWLR 146; [2002] NSWCCA 518
BP v R [2010] NSWCCA 159; (2010) 201 A Crim R 379
Browning v R [2015] NSWCCA 147
Clarke-Jeffries v R [2019] NSWCCA 56
Dinsdale v R (2000) 202 CLR 321; [2000] HCA 54
HJ v R [2014] NSWCCA 21
Hughes v R [2018] NSWCCA 2
JM v R [2012] NSWCCA 83; (2012) 223 A Crim R 55
KT v R [2008] NSWCCA 51; (2008) 182 A Crim R 571
R v AA [2017] NSWCCA 84
R v Dinh [2010] NSWCCA 74; (2010) 199 A Crim R 573
R v Hearne [2001] NSWCCA 37; (2001) 124 A Crim R 451
R v Mastronardi [2000] NSWCCA 12; (2000) 111 A
TM v R [2008] NSWCCA 158
Zreika v R [2012] NSWCCA 44; (2012) 223 A Crim R 460
Category:Principal judgment
Parties: Joseph Howard – Applicant
Regina – Respondent
Representation:

Counsel:
D Barrow – Applicant
M England – Respondent

  Solicitors:
Legal Aid NSW – Applicant
C Hyland, Solicitor for Public Prosecutions – Respondent
File Number(s): 2016/111399
Publication restriction: Nil
 Decision under appeal 
Court or tribunal:
District Court of NSW
Jurisdiction:
Criminal
Date of Decision:
10 February 2017
Before:
Her Honour Judge Culver

Judgment

  1. MACFARLAN JA: I agree with Fullerton J.

  2. FULLERTON J: I have read the judgment of Bellew J which was circulated in draft. Save only for some additional aspects of the evidence to which I will presently refer, I gratefully adopt his Honour’s rendition of the agreed facts, including his summary of the CCTV evidence,[1] the extracts of the applicant's evidence [2] and his Honour’s summary of the material tendered in support of the applicant’s subjective case. [3]

Continue reading Howard v R

Sign in free to access the full text

Details
AGLC
Howard v R [2019] NSWCCA 109
Case
[2019] NSWCCA 109
Decision Date

CaseChat Overview and Summary

The appellant, Howard, was convicted of sending an explosive substance with intent to burn by a magistrates' court. He appealed his sentence to the Court of Criminal Appeal. The legal issue before the court was whether the sentence imposed was manifestly excessive and whether the court should consider the premeditated nature of the offence and the immaturity of the offender in determining the appropriate sentence.

The court found that the offence was premeditated, as the appellant had planned the attack and gathered materials in advance. However, the court also found that the appellant's youth and immaturity played a significant part in the offending. The court considered the principles of sentencing for youthful offenders, which include the need for rehabilitation and the potential for reform. The court found that while the offence was serious, the appellant's age and immaturity were mitigating factors that should be taken into account. The court ultimately found that the sentence imposed was not manifestly excessive and dismissed the appeal.

The court did, however, make some observations about the importance of considering the individual circumstances of each case when sentencing youthful offenders. The court emphasised that while the principles of sentencing for youthful offenders are important, they are not absolute and must be balanced against the seriousness of the offence and the need to protect the community. The court also noted that the appellant had shown remorse and had taken steps to address his offending behaviour, which were positive factors in his favour.

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.