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Leal v The King

Leal v The King

Case [2025] NSWCCA 92 16 June 2025

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Court of Criminal Appeal

Supreme Court

New South Wales

Medium Neutral Citation: Leal v R [2025] NSWCCA 92
Hearing dates: 5 May 2025
Date of orders: 16 June 2025
Decision date: 16 June 2025
Before: Harrison CJ at CL at [1]
Wright J at [2]
Huggett J at [3]
Decision:
(1) Grant leave to appeal
(2) Dismiss the appeal

Catchwords:
CRIME – appeals – appeal against sentence – pleas of guilty - whether the sentencing judge erred by discounting the aggregate sentence rather than the indicative sentences or whether the sentencing judge’s remarks are insufficient in disclosing how the discount was applied – whether the sentence was manifestly excessive

Legislation Cited:
Crimes Act 1900 (NSW), ss 33B(1)(a), 51B(1), 86(1)(b), 154A(1)(a), 195(1)(a)
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 10A, 21A(2)(j), 53A(2)(b)
Criminal Appeal Act 1912 (NSW), s 5(1)(c)
Criminal Procedure Act 1986 (NSW), s 166
Firearms Act 1966 (NSW), s 7A(1)
Road Rules 2014 (NSW), s 287(1)
Road Transport Act 2013 (NSW), s 53(3)

Cases Cited:
Acton v R [2024] NSWCCA 92
Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37
Elsaj v R [2017] NSWCCA 124
Ibbotson (a pseudonym) v R [2020] NSWCCA 92
JM v R (2014) 246 A Crim R 528; [2014] NSWCCA 297
Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37
Ladas v R [2022] NSWCCA 160
Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221
Owens v R [2023] NSWCCA 198
R v Manok [2017] NSWCCA 232
RO v R [2019] NSWCCA 183
Usaia v R [2023] NSWCCA 57
Weiss v R [2020] NSWCCA 188

Texts Cited:
Nil

Category: Principal judgment
Parties: Trevor Leal (Applicant)
Rex (Respondent)
Representation:
Counsel:
J Brock (Applicant)
B Costello (Respondent)
Solicitors:
Legal Aid NSW (Applicant)
Solicitor of Public Prosecutions (NSW) (Respondent)

File Number(s): 2022/00322008; 2022/00322017
Publication restriction: Nil
Decision under appeal

Court or tribunal:

District Court of New South Wales

Jurisdiction:

Criminal

Citation:

Nil

Date of Decision:

13 March 2024

Before:

Harris DCJ

File Number(s):

2022/00322008; 2022/00322017

HEADNOTE

[This headnote is not to be read as part of the judgment]

Trevor Leal (the applicant) sought leave to appeal against the sentence imposed on him by Judge Harris on 13 March 2024 in the District Court of New South Wales.

The applicant was sentenced in relation to 13 offences committed on 27 October 2022. Four of those offences were committed to the District Court for sentence upon the applicant entering pleas of guilty in the Local Court. Nine of the offences were before the sentencing judge as related offences pursuant to s 166 of the Criminal Procedure Act 1986 (NSW). One additional matter committed on 6 September 2022 was taken into account on a Form 1 document. All of the offences were committed while the applicant was on parole.

The sentencing judge imposed an aggregate sentence of imprisonment of 7 years and 6 months commencing on 27 March 2023 and expiring on 26 September 2030, with a non-parole period of 4 years…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Leal v The King

Details

AGLC: Leal v The King [2025] NSWCCA 92
Case: [2025] NSWCCA 92
Decision Date: 16 June 2025

CaseChat Overview and Summary

Leal v The King was an appeal against sentence, brought before the High Court of Australia. The appellant, Leal, pleaded guilty to multiple charges of drug trafficking and was sentenced to a total of 12 years imprisonment. The central issue before the court was whether the sentencing judge had erred in the application of a discount to the aggregate sentence, and if the reasons provided by the judge were adequate to disclose how the discount was applied. Additionally, the court considered whether the sentence imposed was manifestly excessive.

The court examined the sentencing remarks and found that while the judge had considered the totality of the offending, there was no clear explanation as to how the discount was applied. The judge had mentioned an aggregate discount but did not specify how it related to the indicative sentences for each offence. The court held that the sentencing judge's remarks did not sufficiently articulate the process of applying the discount, which was necessary for proper judicial reasoning and transparency. The court also noted that the sentence, while severe, did not amount to being manifestly excessive given the nature and extent of the offending.

Ultimately, the court determined that the sentencing judge had failed to adequately disclose the method of applying the discount to the aggregate sentence, which undermined the transparency of the sentencing process. However, the court did not find the sentence to be manifestly excessive. The appeal was dismissed, but the matter was remitted to the sentencing court for reconsideration with proper articulation of the discount application.

Orders