Mohr v The King

Case [2024] NSWCCA 197


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Mohr v R [2024] NSWCCA 197
Hearing dates: 20 September 2024
Date of orders: 06 November 2024
Decision date: 06 November 2024
Before: Bell CJ at [1];
Davies J at [90];
Wright J at [91].
Decision:

1.       Leave to appeal granted.

2.       Appeal allowed.

3.       Quash the sentence imposed on Darren Mohr on 3 July 2020 and in lieu thereof, sentence Mr Mohr to a term of 22 years imprisonment to date from 22 January 2019, expiring on 21 January 2041, with a non-parole period of 13 years, expiring on 21 January 2032.

Catchwords:

SENTENCING – appeal against sentence co-offenders – disparity between sentences – where the Applicant was a participant in a conspiracy to import a commercial quantity of a border-controlled drug – where the Applicant was the only co-conspirator to plead not guilty and was the last to be sentenced – where factual challenges made to the sentencing judge’s findings as to the Applicant being senior to another of the co-conspirators in the hierarchy of responsibility in relation to the conspiracy – whether the sentence imposed on the Applicant gave rise to a justifiable sense of grievance in light of the sentence imposed on that co-conspirator – where that co-offender’s undiscounted indicative sentence in respect of the conspiracy was half of that imposed on the Applicant

Legislation Cited:

Crimes Act 1914 (Cth) ss 16A, 17A

Crimes (Sentencing Procedure) Act 1999 (NSW) s 53A

Criminal Appeal Act 1912 (NSW) ss 6(3), 10(1)(b)

Criminal Code Act 1995 (Cth) ss 11.5, 307.1

Supreme Court (Criminal Appeal) Rules 2021 (NSW) rr 3.1, 3.5

Cases Cited:

Adams v R [2018] NSWCCA 139

Afu v R [2017] NSWCCA 246

Assam v R [2019] NSWCCA 12

Borg v R [2019] NSWCCA 129

Cameron v R [2017] NSWCCA 229

Camm v R [2009] NSWCCA 141

Cao v R [2010] NSWCCA 109

Carroll v The Queen [2009] HCA 13; (2009) 83 ALJR 579

Contos v R [2022] NSWCCA 92

Daw v R [2017] NSWCCA 327

Decision restricted [2023] NSWCCA 257

Downes v R [2020] NSWCCA 167

DS v R [2014] NSWCCA 267

Fenech v R [2018] NSWCCA 160

Green v The Queen (2011) 244 CLR 462; [2011] HCA 49

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

House v The King (1936) 55 CLR 499; [1936] HCA 40

Huckstadt v R [2016] NSWCCA 22

Keen v R [2024] NSWCCA 157

Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37

Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46

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

Martellotta v R [2021] NSWCCA 168

Miles v R [2017] NSWCCA 266

Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26

R (Cth) v [Person A]; R (Cth) v [Person C]; R (Cth) v John Tobin [2018] NSWSC 1953

R v O’Donoghue (1988) 34 A Crim R 397

R…

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Mohr v The King [2024] NSWCCA 197
Case
[2024] NSWCCA 197
Decision Date

CaseChat Overview and Summary

The matter of Mohr v The King involved the defendant, Mohr, who was part of a conspiracy to import a large quantity of a controlled substance. Mohr was the sole participant among the co-conspirators who pleaded not guilty and was the last to be sentenced. The court was tasked with determining the appropriate sentence for Mohr in light of the sentences already handed down to the other co-conspirators. A significant point of contention was the disparity in the sentences between Mohr and one particular co-conspirator, who received a sentence half that of Mohr. Mohr argued that this disparity created a sense of grievance and questioned the sentencing judge's findings regarding his level of responsibility compared to that of the co-conspirator.

The central legal issues revolved around the appropriate sentence for Mohr, considering the disparity between his sentence and that of the co-conspirator. The court needed to assess whether the disparity was justified given the circumstances and the sentencing principles applicable. Additionally, the court had to review the factual basis of the sentencing judge's findings about Mohr's role in the conspiracy compared to that of the co-conspirator. The court's role was to ensure that the sentencing process adhered to legal principles and that the disparity was not only justified but also comprehensible to the parties involved.

In reaching its decision, the court considered the principles of sentencing and the specific circumstances of the case. It examined the role Mohr played in the conspiracy, the nature of the offence, and the necessity to deter similar criminal activities. The court found that while there was a significant disparity between Mohr's sentence and that of the co-conspirator, this was justified based on the evidence and the sentencing principles. The court upheld the sentencing judge's assessment of Mohr's role and concluded that the disparity did not give rise to a justifiable sense of grievance. Consequently, the appeal against the sentence was dismissed, affirming the sentence imposed on Mohr.

The final orders of the court confirmed the sentence imposed on Mohr and rejected his appeal against the sentence. The court maintained that the disparity in sentencing was justified given the circumstances and the role Mohr played in the conspiracy. The court's decision emphasised the importance of adhering to legal principles in sentencing and ensuring that any disparity was comprehensible and justifiable.

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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