Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Ladas v R [2022] NSWCCA 160 Hearing dates: 23 May 2022 Date of orders: 22 July 2022 Decision date: 22 July 2022 Before: Beech-Jones CJ at CL at [1]
Wilson J at [6]
Dhanji J at [7]Decision: (1) Leave to appeal is granted.
(2) The appeal is allowed.
(3) The sentence imposed on the applicant by Colefax SC DCJ in the District Court on 9 November 2020 is quashed.
(4) In lieu thereof, impose an aggregate sentence pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW) and fix:
(a) Pursuant to s 44(2A) of the Crimes (Sentencing Procedure) Act 1999 (NSW) an aggregate sentence of 8 years commencing on 9 March 2020 and expiring on 8 March 2028;
(b) a non-parole period of 5 years commencing on 9 March 2020 and expiring on 8 March 2025; and
(c) a balance of term of 3 years commencing on 9 March 2025 and expiring on 8 March 2028.
Catchwords: CRIME – appeals – appeal against sentence – domestic violence offences – dysfunctional background – reduced moral culpability – specific deterrence – general deterrence – rehabilitation – community protection – maximum penalties reserved for worst category offences – resentenced
Legislation Cited: Crimes Act 1900 (NSW), s 37(1)
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 33, 35A, 44, 53A
Criminal Appeal Act 1912 (NSW), s 5(1)(c)
Criminal Procedure Act 1986 (NSW), s 166
Weapons Prohibition Act 1998 (NSW), s 7(1)
Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37
GS v R; Director of Public Prosecutions (NSW) v GS [2022] NSWCCA 65
JM v R (2014) 246 A Crim R 528; [2014] NSWCCA 297
Kliendienst v R [2020] NSWCCA 98
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25
Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39
Munda v Western Australia (2013) 249 CLR 600; [2013] HCA 38
R v Engert (1995) 84 A Crim R 67
R v Simpson (2001) 53 NSWLR 704; [2001] NSWCCA 534
The Queen v De Simoni (1981) 147 CLR 383; [1981] HCA 31
The Queen v Kilic (2016) 259 CLR 256; [2016] HCA 48
The State of Western Australia v Munda (2012) 43 WAR 137; [2012] WASCA 164
Category: Principal judgment Parties: Spiros Ladas (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
I Todd (Applicant)
M Kumar (Respondent)
Sanford Legal (Applicant)
Solicitor for Public Prosecutions (NSW) (Respondent)
File Number(s): 2019/165739 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- District Court of New South Wales
- Jurisdiction:
- Criminal
- Citation:
- Date of Decision:
- 9 November 2020
- Before:
- Colefax SC DCJ
- File Number(s):
- 2019/165739
Judgment
-
BEECH-JONES CJ at CL: I have had the benefit of reading the judgment of Dhanji J. Subject to what follows I…
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- AGLC
- Ladas v R [2022] NSWCCA 160
- Case
- [2022] NSWCCA 160
- Decision Date
CaseChat Overview and Summary
The court examined the nature of the offences, which were serious and involved significant violence against the victim. It also considered the offender's dysfunctional background, which contributed to his reduced moral culpability. The court noted that while the offender's background was a mitigating factor, it did not absolve him of responsibility for his actions. The principles of specific deterrence, general deterrence, and rehabilitation were all considered, along with the need to protect the community. The court emphasised that maximum penalties should be reserved for the worst category of offences.
After a thorough analysis of the offender's background, the nature of the offences, and the principles of sentencing, the court found that the original sentence was indeed manifestly inadequate. The offender was resentenced to a term of imprisonment, with specific consideration given to the need for specific deterrence, general deterrence, and rehabilitation, while also ensuring community protection. The court emphasised that the new sentence reflected the seriousness of the offences and the need to balance the various sentencing principles.
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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