Kuruppu v The Queen

Case [2021] NSWCCA 261


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Kuruppu v R [2021] NSWCCA 261
Hearing dates: 27 August 2021
Date of orders: 05 November 2021
Decision date: 05 November 2021
Before: Meagher JA at [1];
Wright J at [2];
Fagan J at [227]
Decision:

(1) The applicant is granted an extension of time in which to file a notice of application for leave to appeal in the matters with file numbers 2016/0019453, 2015/00101365 and 2016/000580335.

(2) The applicant has leave to appeal in each of the matters 2016/00194535, 2015/00101365 and 2016/00058033.

(3) The appeal in each of the matters 2016/00194535, 2015/00101365 and 2016/00058033 is dismissed.

Catchwords:

CRIME — appeals — appeal against sentence — application for leave to appeal — extension of time in which to appeal — manifest excess — reliance on cases said to be comparable — sentences not manifestly excessive — extension of time and leave granted — appeal dismissed

CRIME — appeals — appeal against sentence — application for leave to appeal — extension of time in which to appeal — misapplication of principle — whether sentencing judge erred in rejecting expert opinions of psychologist — whether sentencing judge failed to find special circumstances or give practical effect to such a finding — whether sentencing judge erred in placing too much weight on general deterrence — whether sentencing judge failed to request sentencing assessment report — whether excessive accumulation of sentences — no House v The King errors — extension of time and leave granted — appeal dismissed

CRIME — apprehended violence order — contravene apprehended violence order

CRIME — property offences — break and enter with intent to commit serious indictable offence — circumstances of aggravation

CRIME — violent offences — common assault — choking, suffocation or strangulation — cause grievous bodily harm with intent

WORDS AND PHRASES — “convicted inmate” — Crimes (Sentencing Procedure) Act 1999 (NSW), s 56

Legislation Cited:

Crimes (Administration of Sentences) Act 1999 (NSW), s 4

Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 14

Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3, 6, 7, 12, 44, 47, 53A, 56, 69, 76, 80, 88

Crimes Act 1900 (NSW), ss 33, 35, 37, 59, 61, 113

Criminal Appeal Act 1912 (NSW), ss 5, 6

Mental Health (Forensic Provisions) Act 1990 (NSW), s 32

Cases Cited:

Aslan v R [2014] NSWCCA 114

Australian Health & Nutrition Association Ltd v Hive Marketing Group Pty Ltd (2019) 99 NSWLR 419; [2019] NSWCA 61

Banks v R [2018] NSWCCA 41

Chung v Anderson [2004] NSWCA 321

CM v R [2020] NSWCCA 136

Delaney v R [2013] NSWCCA 150; (2013) 230 A Crim R 581

Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194

Eastman v Director of Public Prosecutions (ACT) (2003) 214 CLR 318; [2003] HCA 28

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

GP v R [2017] NSWCCA 200

Haines v R [2021]…

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AGLC
Kuruppu v The Queen [2021] NSWCCA 261
Case
[2021] NSWCCA 261
Decision Date

CaseChat Overview and Summary

The case of Kuruppu v The Queen involved the appellant, Kuruppu, appealing against his sentence and seeking leave to appeal. The primary legal issues were whether the sentencing judge had erred in various respects, including by misapplying principles, rejecting expert opinions, failing to find special circumstances, overemphasising general deterrence, and not requesting a sentencing assessment report. Additionally, the court considered whether the sentences were excessive and whether the trial judge's errors amounted to the type described in House v The King. The appellant also sought an extension of time to appeal and leave to appeal, citing manifest excess and reliance on comparable cases.

The court examined the sentencing principles and whether the trial judge had correctly applied them. It found that the sentences were not manifestly excessive and that the trial judge had not misapplied the principles in a way that warranted an appeal. The court noted that the trial judge had considered expert opinions but rejected them based on valid reasons. The court also held that the sentencing judge had not failed to find special circumstances or give practical effect to such a finding. The judge's emphasis on general deterrence was considered appropriate given the circumstances. The court concluded that the trial judge's decision not to request a sentencing assessment report did not constitute a significant error. The appeal was dismissed, and the court granted an extension of time and leave to appeal.

The court granted leave to appeal and extended the time for the appellant to lodge the appeal, finding that the sentencing errors did not reach the level of those described in House v The King. The appeal was ultimately dismissed, as the court found no substantial grounds to interfere with the trial judge's sentencing decisions. The court's decision was based on a thorough examination of the sentencing principles and the specific circumstances of the case. The outcome reflects the court's cautious approach in allowing appeals against sentences, ensuring that the trial judge's discretion is respected unless there are clear and substantial errors.

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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