Irwin v The Queen

Case [2021] NSWCCA 172


Court of Criminal Appeal


Supreme Court


New South Wales

  • Summary available
Medium Neutral Citation: Irwin v R [2021] NSWCCA 172
Hearing dates: 28 June 2021
Date of orders: 21 July 2021
Decision date: 21 July 2021
Before: Bathurst CJ at [1];
Rothman J at [2];
Garling J at [99]
Decision:

(1)   Leave to appeal is granted;

(2)   Appeal dismissed.

Catchwords:

CRIME – Sentence Appeal – sexual offences on child – breach of Child Protection Orders – alleged failure to provide reasons for objective seriousness determination – failure to afford reduction for alleged assistance – reasons read as a whole provide sufficient basis for understanding why determination was effected – reasons delivered ex tempore – alleged admissions and plea not assistance that required reduction – no error disclosed

Legislation Cited:

Child Protection (Offenders Registration) Act 2000 (NSW), s 17(1)

Crimes Act 1900 (NSW), ss 66DA(a), 86(1)(a1)

Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A, 23

Cases Cited:

Ahmad v The Queen [2021] NSWCCA 30

Barbaro v The Queen (2014) 253 CLR 58; [2014] HCA 2

Browning v R [2015] NSWCCA 147

CMB v Attorney General for New South Wales (2015) 256 CLR 346; [2015] HCA 9

DBW v R [2007] NSWCCA 236

GAS v the Queen (2004) 217 CLR 198; [2004] HCA 22

Hili v the Queen; Jones v the Queen (2010) 242 CLR 520; [2010] HCA 45

House v The King (1936) 55 CLR 499; [1936] HCA 40

Howard v R [2019] NSWCCA 109

Meissner v the Queen (1985) 184 CLR 132; [1995] HCA 41

Mulato v R [2006] NSWCCA 282

R v Olbrich (1999) 199 CLR 270; [1999] HCA 54

R v Ellis (1986) 6 NSWLR 603; (Court of Criminal Appeal (NSW), 17 October 1986, unrep)

R v SS [2021] NSWCCA 56

R v Windle [2012] NSWCCA 222

Salafia v R [2015] NSWCCA 141

Zreika v R (2012) 223 A Crim R 460; [2012] NSWCCA 44

Category:Principal judgment
Parties: Christopher Irwin (Applicant)
Regina (Respondent)
Representation:

Counsel:
J Paingakulam (Applicant)
C Gleeson (Respondent)

Solicitors:
Legal Aid NSW (Applicant)
Office of the Director of Public Prosecutions (NSW) (Respondent)
File Number(s): 2019/171603
Publication restriction: Pursuant to the terms of s 15A of the Children (Criminal Proceedings) Act 1987 (NSW), publication of the name of, or any matter which could identify, the victim is prohibited.
 Decision under appeal 
Court or tribunal:
District Court
Jurisdiction:
Criminal
Citation:

[2020] NSWDC 199

Date of Decision:
14 April 2020
Before:
Colefax SC DCJ
File Number(s):
2019/171603

Judgment

  1. BATHURST CJ: I agree with the orders proposed by Rothman J and generally with his reasons.

  2. ROTHMAN J: The applicant, Christopher Irwin, seeks leave to appeal, and, if leave be granted, appeals, the sentence imposed upon him in the District Court. The Applicant pleaded guilty in the Campbelltown Local Court on 6 November 2019 and the sentence proceedings occurred on 14 April 2020, at which time the learned sentencing judge imposed a sentence and issued ex tempore remarks on sentence.

  3. The…

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AGLC
Irwin v The Queen [2021] NSWCCA 172
Case
[2021] NSWCCA 172
Decision Date

CaseChat Overview and Summary

The appeal was brought by the respondent, Irwin, against a sentence imposed by the Supreme Court of South Australia. The appellant was convicted of multiple sexual offences involving a child. The appeal focused on the severity of the sentence and the alleged procedural errors made by the trial judge in determining the objective seriousness of the crimes and whether there was a failure to provide adequate reasons for the sentence. Additionally, the appellant argued that the trial judge failed to afford a reduction in sentence for his alleged assistance, which included admissions and a guilty plea. The appeal was heard by the South Australian Court of Criminal Appeal.

The central legal issues before the court were whether the trial judge provided sufficient reasons for determining the objective seriousness of the crimes and whether there was a failure to afford a reduction in sentence for the appellant's alleged assistance. The court was required to review the reasons provided by the trial judge and assess whether these reasons were adequate and whether there was an error in the sentencing process that warranted an appeal. Furthermore, the court had to determine if the appellant's admissions and plea constituted assistance that merited a reduction in sentence.

The court of appeal found that the reasons provided by the trial judge, though delivered ex tempore, were sufficient to understand the basis of the objective seriousness determination. The court emphasised that the reasons needed to be read as a whole and found no error in the trial judge's process. Regarding the appellant's alleged assistance, the court concluded that the admissions and plea did not constitute the type of assistance that warranted a reduction in sentence. The court held that no error was disclosed in the trial judge's assessment, and therefore, the appeal was dismissed. The sentence imposed by the Supreme Court of South Australia was affirmed.

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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