KR v R

Case [2012] NSWCCA 32


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: KR v R [2012] NSWCCA 32
Hearing dates:17 August 2011
Decision date: 14 March 2012
Before: Whealy JA
Latham J
Harrison J
Decision:

Leave to appeal granted

Appeal dismissed

Catchwords: CRIMINAL LAW - Appeal against sentence - murder (Crimes Act 1900 (NSW) s18(1)(a)) - assault with intent to rob in company (Crimes Act 1900 (NSW) s97(1)) - principle of parity - distinction between criminal responsibility and moral culpability - parity principle not engaged - whether the allocation of a discount for plea of guilty by the trial judge constituted a denial of procedural fairness - applicant afforded opportunity to make submissions - appeal dismissed.
Legislation Cited: Crimes Act 1900
Cases Cited: R v LR [2010] NSWSC 22
R v Wright [2009] NSWCCA 3
R v JW [2010] NSWCCA 49
R v Sukkar [2011] NSWCCA 140
R v O'Connor [1980] HCA 17; 146 CLR 64
R v Merritt [2004] NSWCCA 19
R v Henry & Ors. [1999] NSWCCA 111; 46 NSWLR 346 ; 106 A Crim R 149
Postiglione v R [1997] HCA 26 ; 189 CLR 295
Green v The Queen ; Quinn v The Queen [2011] HCA 49
Trujillo-Mesa v R [2010] NSWCCA 201
R v Borkowski [2009] NSWCCA 102
Category:Principal judgment
Parties: KR - Applicant
Regina - Crown Respondent
Representation: COUNSEL
H Dhanji SC/I McLachlan - (Applicant)
N Noman - (Crown Respondent)
SOLICITORS
Legal Aid NSW - (Applicant)
Solicitor for Public Prosecution) - (Crown Respondent)
File Number(s):2009/7539
 Decision under appeal 
Date of Decision:
2010-03-19 00:00:00
Before:
Howie J
File Number(s):
2009/7539

Judgment

  1. WHEALY JA : I agree with Latham J.

  1. LATHAM J : This is an application for leave to appeal against sentences imposed following pleas of guilty to one count of Murder and two counts of Assault with Intent to Rob in Company (s 97(1) Crimes Act 1900). Murder carries a maximum penalty of life imprisonment. The robbery offences each carry a maximum penalty of 20 years imprisonment.

  1. Fixed terms of 12 months and 6 months imprisonment were imposed in respect of the robbery offences. A non parole period of 12 years with a balance of term of 6 years and 9 months was imposed on the murder count. The total sentence of imprisonment was 19 years and 6 months, including a non parole period of 12 years and 9 months.

  1. The sentence imposed by the same judge (Howie J) on the co-offender (LR) for Murder and one count of Assault with Intent to Rob in Company is said to give rise to a justifiable sense of grievance on the part of the applicant (Ground 1). It is further claimed that the applicant was denied procedural fairness by virtue of the judge's revision of the discount for the pleas of guilty from 20% to 15% without hearing further from the applicant (Ground 2).

The Offences

  1. Shortly after 11 pm on 13 June 2008, the applicant (then aged 17…

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AGLC
KR v R [2012] NSWCCA 32
Case
[2012] NSWCCA 32
Decision Date

CaseChat Overview and Summary

KR was convicted of the murder of a person, along with an accomplice, and the assault of another person with intent to rob while in company (Crimes Act 1900 (NSW)). The case was heard in the Court of Criminal Appeal, where KR appealed against the sentence imposed by the trial judge. The central issue in the appeal was whether the trial judge's allocation of a discount for the plea of guilty constituted a denial of procedural fairness. Additionally, the court considered the applicability of the principle of parity in relation to KR's sentence.

The Court of Criminal Appeal found that the principle of parity was not engaged in this case. The principle of parity pertains to the distinction between criminal responsibility and moral culpability, and the court held that it did not apply here. Furthermore, the court determined that KR was afforded an opportunity to make submissions regarding the discount for the plea of guilty, thereby satisfying procedural fairness. As a result, the appeal was dismissed.

The court held that the trial judge's allocation of a discount for the plea of guilty did not constitute a denial of procedural fairness, as KR had the opportunity to make submissions on the matter. The court found that the principle of parity was not applicable in this case, and therefore the sentence imposed by the trial judge was upheld. Consequently, the appeal was dismissed, and the sentence remains valid.

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

LATHAM J HARRISON J

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Ratio Decidendi

Legal Principle Established

Established by: LATHAM J, HARRISON J

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