Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: LS v R [2020] NSWCCA 120 Hearing dates: 7 May 2020 Date of orders: 10 June 2020 Decision date: 10 June 2020 Before: Simpson AJA at [1]
Rothman J at [10]
Bellew J at [95]Decision: (1) Leave to appeal be granted;
(2) Sentence imposed by the District Court on LS on 1 March 2019 be quashed;
(3) LS be sentenced to an aggregate sentence of 4 years and 9 months’ imprisonment, commencing 18 August 2017 and concluding 17 May 2022, with a non-parole period of 2 years and 9 months’ imprisonment, concluding 17 May 2020;
(4) Pursuant to the terms of s 59 of the Crimes (Sentencing Procedure) Act 1999 (NSW), the Court varies the sentence imposed upon LS by the Local Court of New South Wales at Wagga Wagga on 30 March 2020 for assault law officer (not police officer) so as to commence on 18 December 2019 and conclude on 17 June 2020.
(5) The Applicant is first eligible for release on parole on 17 June 2020.Catchwords: CRIMINAL LAW – Sentence appeal – exceptional subjective circumstances – youth, ADHD and autism – serious offence – psychology reports show no or very little risk of similar re-offending – in circumstances, sentence imposed outside legitimate discretion available – manifest error – offender re-sentenced. Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) ss 3, 6, 17, 18
Crimes Act 1900 (NSW), ss 61M(2), 66A, 91H(2)
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A(2)(l), 56, 59
Evidence Act 1995 (NSW) s 4(2), (3)Cases Cited: BM v R [2019] NSWCCA 223
Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54
DPP v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194
GBB v R [2019] NSWCCA 296
Hili and Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45
House v The King (1936) 55 CLR 499; [1936] HCA 40
MJ v R; CPD v R [2010] NSWCCA 52
KT v R (2008) 182 A Crim R 571; [2008] NSWCCA 51
Munda v Western Australia (2013) 249 CLR 600; [2013] HCA 38
Paul Campbell v R [2018] NSWCCA 87
R v AA [2017] NSWCCA 84
R v AN [2005] NSWCCA 239
R v Bus (Court of Criminal Appeal (NSW), 3 November 1995, unrep)
R v LNT [2005] NSWCCA 307Category: Principal judgment Parties: LS (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
E McLaughlin (Applicant)
E Wilkins SC (Respondent)
Legal Aid NSW (Applicant)
Office of the Director of Public Prosecutions (NSW) (Respondent)
File Number(s): 2017/195181 Decision under appeal
- Court or tribunal:
- District Court
- Jurisdiction:
- Crime
- Date of Decision:
- 1 March 2019
- Before:
- Girdham SC DCJ
- File Number(s):
- 2017/195181
Judgment
-
SIMPSON AJA: I have had the advantage of reading in draft the comprehensive judgment of Rothman J and the additional observations of Bellew J, with both of which I agree. It is appropriate that I state, as briefly as…
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- AGLC
- LS v The Queen [2020] NSWCCA 120
- Case
- [2020] NSWCCA 120
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the original sentence was manifestly excessive, taking into account LS's exceptional personal circumstances. The court considered the principles of sentencing set out in the Sentencing Act 1991 (Vic), particularly the requirement to have regard to the circumstances of the offender. The court also considered relevant psychological reports which indicated that LS posed little or no risk of reoffending. The appellant's legal team argued that the original sentence did not sufficiently reflect LS's exceptional personal circumstances, and that it was therefore outside the legitimate discretion available to the sentencing judge.
The Court of Appeal held that the original sentence was indeed manifestly excessive, given LS's exceptional personal circumstances. The court found that the sentence did not adequately reflect the appellant's youth, ADHD, and autism, and that the risk of reoffending was minimal. The court considered that the original sentence was therefore outside the legitimate discretion available to the sentencing judge. The Court of Appeal quashed the original sentence and re-sentenced LS to a term of imprisonment with a non-parole period that more accurately reflected his personal circumstances. The court emphasised the importance of taking into account the individual circumstances of the offender when imposing a sentence.
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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