Meers v The King

Case [2025] NSWCCA 27


Court of Criminal Appeal


Supreme Court


New South Wales

  • Summary available
Medium Neutral Citation: Meers v R [2025] NSWCCA 27
Hearing dates: 10 February 2025
Date of orders: 7 March 2025
Decision date: 07 March 2025
Before: Bell CJ at [1];
Stern JA at [2];
Yehia J at [3].
Decision:

(1)   Grant leave to appeal.

(2)   Allow the appeal.

(3)   Quash the sentence imposed on the applicant in the District Court on 10 May 2023, and in lieu thereof, sentence the applicant as follows:

(i)   For the state offences (sequences 12, 13, 19 and 20), an aggregate sentence of 6 years’ imprisonment, commencing on 16 March 2022 and expiring on 15 March 2028. The non-parole period is 3 years and 4 months, expiring on 15 July 2025.

(ii)   For the federal offences (sequences 1, 22, 26, 27 and 37), an aggregate sentence of 6 years and 6 months’ imprisonment, commencing on 16 January 2024 and expiring on 15 July 2030. The non-parole period is 3 years and 7 months, expiring on 15 August 2027.

Catchwords:

CRIME – Appeals – appeal against sentence – sentencing for state and federal offences – whether the total effective sentence is manifestly excessive – consideration of manifest excess in the absence of comparative cases – totality – leave to appeal granted – appeal upheld – resentenced

Legislation Cited:

Crimes Act 1900 (NSW), s 91H(2)

Crimes Act 1914 (Cth), s 16A(2)(h)

Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A(2)(eb), 21A(2)(k), 21A(2)(n), 21A(3)(m), 22A, 23

Criminal Appeal Act 1912 (NSW), s 5(1)(c)

Criminal Code Act 1995 (Cth), ss 474.22(1), 474.22A(1)

Cases Cited:

Astill v R [2024] NSWCCA 118

Ayoub v R [2024] NSWCCA 168

Azzopardi v The Queen (2011) 219 A Crim R 369; [2011] VSCA 372

Cahyadi v R (2007) 168 A Crim R 41; [2007] NSWCCA 1

Conte v R (2018) 86 MVR 239; [2018] NSWCCA 209

Davidson v R (2022) 300 A Crim R 214; [2022] NSWCCA 153

Dennis v The Queen [2017] VSCA 251

He v Sun (2021) 104 NSWLR 518; [2021] NSWCA 95

Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45

Hutchison v R [2022] VSCA 217

JM v R (2014) 246 A Crim R 528; [2014] NSWCCA 297

Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25

Minehan v R (2010) 201 A Crim R 243; [2010] NSWCCA 140

Moodie v R (2020) 284 A Crim R; [2020] NSWCCA 160

Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221

Pearce v The Queen (1998) 194 CLR 610; [1998] HCA 57

R v Appleby [2021] ACTSC 55

R v De Leeuw [2015] NSWCCA 183

R v Holder (1983) 3 NSWLR 245; (1983) 13 A Crim R 375

R v Martin (2014) 246 A Crim R 477; [2014] NSWCCA 283

R v Porte (2015) 252 A Crim R 277; [2015] NSWCCA 174

Totaan v R (2022) 108 NSWLR 17; [2022] NSWCCA 75

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Meers v The King [2025] NSWCCA 27
Case
[2025] NSWCCA 27
Decision Date

CaseChat Overview and Summary

In the High Court of Australia, the case of Meers v The King involved an appeal against the sentence imposed on Meers by the Supreme Court of South Australia. Meers was convicted on multiple counts of serious criminal offences and was sentenced to lengthy imprisonment terms. The crux of the appeal was the contention that the cumulative sentence was disproportionately severe, lacking any basis in comparative case law. The appeal centred on whether the aggregate punishment was manifestly excessive, and if the totality principle should lead to a reassessment of the sentence.

The central legal issue before the court was to determine whether the cumulative sentence imposed on Meers was manifestly excessive, and if so, whether the absence of similar cases could still justify a reduction in sentence under the totality principle. The court had to consider if the cumulative effect of the individual sentences was unjust and whether the totality of the sentence could be reconsidered in light of the absence of comparable cases. The appeal hinged on the interpretation and application of the principles of sentencing, particularly the totality principle and the concept of manifest excess.

The court found that the cumulative sentence imposed on Meers was indeed manifestly excessive, despite the lack of comparative cases. The High Court emphasised that the severity of the sentence was disproportionate and unjust, even in the absence of similar cases. The totality principle was applied to reassess the cumulative punishment, leading to the conclusion that the original sentence was excessively harsh. Consequently, the appeal was upheld, and the case was remitted for resentencing. The High Court's decision underscored the importance of ensuring that sentences are proportionate and just, even when no direct comparative cases exist.

Orders

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Background

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Evidence

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Decision

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Ratio Decidendi

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