Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Many v R [2021] NSWCCA 302 Hearing dates: 3 September 2021 Date of orders: 14 December 2021 Decision date: 14 December 2021 Before: Simpson AJA at [1];
Adamson J at [9];
Lonergan J at [26]Decision: (1) Leave to appeal against sentence granted.
(2) Appeal dismissed.
Catchwords: CRIMINAL LAW – sentence – error regarding totality conceded – missed reference to 5 month period sentenced in interstate custody – re-sentence – recalcitrant domestic violence offender – retribution, deterrence and protection of society – no lesser sentence warranted
Legislation Cited: Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Cases Cited: Callaghan v R (2006) 160 A Crim R 145; [2006]
NSWCCA 58
Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37
Lehn v R (2016) 93 NSWLR 205; [2016] NSWCCA 255
Parker v Director of Public Prosecutions (1992) 28 NSWLR 282
R v M.A.K; R v M.S.K (2006) 167 A Crim R 159; [2006] NSWCCA 381
Veen v The Queen (No. 2) (1988) 164 CLR 465; [1988] HCA 14
Category: Principal judgment Parties: Matthew Mark Many (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
R Khalilizadeh (Applicant)
C Curtis (Respondent)
Heffernan Legal (Applicant)
Director of Public Prosecutions (Respondent)
File Number(s): 2018/30957 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- District Court of New South Wales
- Jurisdiction:
- Criminal
- Date of Decision:
- 17 July 2020
- Before:
- McLennan SC DCJ
- File Number(s):
- 2018/30957
Judgment
-
SIMPSON AJA: The relevant facts and circumstances are adequately set out in the judgments of Adamson J and Lonergan J, each of which I have had the advantage of reading in draft. By Ground 2 of the proposed appeal the applicant complains of the sentencing judge’s treatment, as a matter of aggravation, of his conduct in absconding to Queensland following his being charged in relation to the present offences, and the revocation of his parole. Certainly, those circumstances were not material to the assessment of the objective gravity of the offences for which the applicant stood for sentence, but nor did the sentencing judge treat them as such. It is undeniable that those circumstances speak forcefully to relevant sentencing considerations, specific deterrence, prospects of rehabilitation and the likelihood of reoffending. Like Adamson J and Lonergan J, I would reject Ground 2 of the proposed appeal.
-
The sentencing judge made a factual error in stating the dates during which the applicant had been incarcerated in Queensland, giving rise to Ground 1 of the proposed appeal. The result of the error was that his Honour overlooked a period of five months, between March and August 2018, in which the applicant had been in custody. The offending to which that period was referable was obstruction of Queensland police, wholly unrelated to the domestic violence offending for which the applicant was…
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- AGLC
- Many v The Queen [2021] NSWCCA 302
- Case
- [2021] NSWCCA 302
- Decision Date
CaseChat Overview and Summary
The court addressed the legal principles relevant to sentencing, particularly focusing on the totality principle, and the objectives of retribution, deterrence, and protection of society. The defendant, who had a history of recalcitrant domestic violence, was considered a significant risk to the community. Despite the identified error, the court concluded that the original sentence was not excessive and that no lesser sentence was warranted given the defendant's history and the need to protect the community. The court ultimately upheld the original sentence, with the understanding that the oversight would be rectified in any future sentencing considerations.
The court found that while the error in the sentencing calculation was significant, it did not alter the overall appropriateness of the sentence. The defendant's history of domestic violence and the need to protect the community were paramount in the court's decision. The High Court of Australia dismissed the appeal against sentence, affirming that the original sentence was justified under the totality principle and the sentencing objectives. The court made clear that any future sentencing should accurately reflect all periods of time served to ensure compliance with the totality principle.
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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