Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Lawrence v R [2023] NSWCCA 110 Hearing dates: 13 March 2023 Decision date: 24 May 2023 Before: Gleeson JA
Davies J
Wilson JDecision: (1) Extend the time in which to file the application for leave to appeal to 25 October 2022;
(2) Grant leave to appeal;
(3) Dismiss the appeal.
Catchwords: CRIMINAL LAW – appeal against sentence – offences of intimidation and aggravated kidnapping – domestic violence offences committed in breach of court order – further offences taken into account - question of error in treatment of criminal history – question of error in assessment of objective gravity – whether moral culpability is a component of objective gravity – question of treatment of drug addiction – whether drug addiction formed in childhood is a separate and distinct mitigating feature – question of manifest excess
Legislation Cited: Crimes Act 1900 (NSW)
Crimes (Domestic and Personal Violence) Act2007 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Criminal Procedure Act 1986 (NSW)
Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37
Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194
DS v R; DM v R [2022] NSWCCA 156
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25
Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39
Category: Principal judgment Parties: Jerome Lawrence (Applicant)
Rex (Respondent)Representation: Counsel:
Solicitors:
K Stares SC with J Etkind (Applicant)
S Lind (Respondent)
Watson Law (Applicant)
Solicitor for Public Prosecutions (NSW) (Respondent)
File Number(s): 2019/00322924 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- District Court
- Jurisdiction:
- Criminal
- Date of Decision:
- 27 August 2021
- Before:
- Judge Baly SC
- File Number(s):
- 2019/00322924
HEADNOTE
[This headnote is not to be read as part of the judgment]
On 27 August 2021 the applicant, Jerome Lawrence, was sentenced before the District Court at Campbelltown for intimidation with intent to cause harm contrary to s 13(1) of the Crimes (Domestic and Personal) Violence Act 2007 (NSW) and aggravated detain person with intent to intimidate contrary to s 86(2)(b) of the Crimes Act 1900 (NSW). A further six charges were taken into account on two Form 1 documents pursuant to ss 32 and 33(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW). Another charge was before the court pursuant to ss 166 and 167 of the Criminal Procedure Act 1986 (NSW). The court imposed an aggregate sentence of 6 years and 6 months imprisonment with a non-parole period of 4 years, affording the applicant a 10% discount to reflect his late pleas.
In the early hours of the morning of 12…
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- AGLC
- Lawrence v The King [2023] NSWCCA 110
- Case
- [2023] NSWCCA 110
- Decision Date
CaseChat Overview and Summary
The High Court found that there was no error in the treatment of the appellant's criminal history, the assessment of the objective gravity of the offending or the consideration of the appellant's moral culpability. The Court found that moral culpability was not a component of objective gravity and that the primary judge had correctly considered the appellant's criminal history and the objective gravity of the offending. The Court also found that the appellant's drug addiction, which formed in childhood, was not a separate and distinct mitigating feature. The Court found that the sentence was not manifestly excessive and dismissed the appeal.
The High Court affirmed the sentence imposed by the primary judge and dismissed the appeal. The Court found that there was no error in the treatment of the appellant's criminal history, the assessment of the objective gravity of the offending or the consideration of the appellant's moral culpability. The Court also found that the appellant's drug addiction, which formed in childhood, was not a separate and distinct mitigating feature. The Court found that the sentence was not manifestly excessive and dismissed the appeal. The Court affirmed the sentence imposed by the primary judge.
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
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Ratio Decidendi
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