Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Hunter v R [2020] NSWCCA 285 Hearing dates: 26 October 2020 Date of orders: 16 November 2020 Decision date: 16 November 2020 Before: Hoeben CJ at CL at [1]
Harrison J at [2]
Ierace J at [38]Decision: (1) Grant leave to appeal against sentence
(2) Dismiss the appeal
Catchwords: APPEAL – sentence appeal – specially aggravated break and enter – assault occasioning actual bodily harm with intentional wounding – where applicant entered partner’s house with axe – where injury caused to partner and friend – whether sentencing judge engaged in two-tier sentencing – whether Form 1 matter considered appropriately – whether consideration given to remorse – where no error by sentencing judge – where sentence falls at more severe end of statistical range – where appellate intervention not compelled
Legislation Cited: Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Cases Cited: Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146; [2002] NSWCCA 518
House v The King (1936) 55 CLR 499; [1936] HCA 40
Category: Principal judgment Parties: Ricky Edward Hunter (Applicant)
Crown (Respondent)Representation: Counsel:
Solicitors:
T Hickie (Applicant)
K Jeffreys (Respondent)
Andrew Scali Solicitors (Applicant)
Office of the Director of Public Prosecutions (Respondent)
File Number(s): 2018/269168 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- District Court of NSW
- Jurisdiction:
- Criminal
- Date of Decision:
- 24 July 2019
- Before:
- English DCJ
- File Number(s):
- 2018/269168
Judgment
-
HOEBEN CJ at CL: I agree with Harrison J and the orders which he proposes.
-
HARRISON J: Ricky Edward Hunter seeks leave pursuant to s 5(1)(c) of the Criminal Appeal Act 1912 to appeal against the sentence imposed on him by her Honour Judge English at the Campbelltown District Court on 24 July 2019. Mr Hunter had pleaded guilty to an offence of specially aggravated break, enter and commit a serious indictable offence, namely assault occasioning actual bodily harm, the circumstances of special aggravation being intentional wounding, contrary to s 112(3) of the Crimes Act 1900. That offence attracts a maximum penalty of 25 years imprisonment with a standard non-parole period of 7 years. Mr Hunter asked that a charge of common assault against a different victim be taken into account on a Form 1.
-
Her Honour sentenced Mr Hunter to imprisonment for 6 years commencing on 24 July 2019 with a non-parole period of 4 years expiring on 23 July 2023. Mr Hunter relies upon the following grounds of appeal:
Ground 1: Her Honour erred in law by engaging in two-tier sentencing.
Ground 2: Her Honour erred in considering the Form…
Continue reading Hunter v The Queen
Sign in free to access the full text
- AGLC
- Hunter v The Queen [2020] NSWCCA 285
- Case
- [2020] NSWCCA 285
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the sentencing judge had indeed engaged in a two-tier sentencing process, failed to consider a Form 1 matter appropriately, and did not adequately consider the applicant's remorse. The court needed to determine if these alleged errors warranted an appeal against the sentence. Additionally, the court had to consider if the sentence was within the appropriate statistical range and whether the sentence was so severe that appellate intervention was necessary.
The court found that the sentencing judge had not engaged in a two-tier sentencing process, had considered the Form 1 matter appropriately, and had taken into account the applicant's remorse. The sentence, while at the more severe end of the statistical range, did not compel appellate intervention. The court held that there was no error in the sentencing judge's approach and therefore dismissed the appeal. The original sentence was affirmed, and no further orders were made.
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.