Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Murray v R [2024] NSWCCA 107 Hearing dates: 8 May 2024 Date of orders: 21 June 2024 Decision date: 21 June 2024 Before: Bell CJ at [1];
Hamill J at [2];
Yehia J at [3]Decision: (1) Grant leave to appeal and extend the time within which to appeal.
(2) The appeal against sentence is allowed.
(3) The sentence imposed by Judge Coleman SC is quashed and in lieu thereof, the applicant is sentenced to an aggregate term of imprisonment of 6 years commencing on 26 September 2021 and expiring on 25 September 2027 with a non-parole period of 3 years and 6 months expiring on 25 March 2025.
Catchwords: CRIME – appeals – appeal against sentence – totality – whether the principle of totality was applied to overall terms of imprisonment – concurrency and accumulation where the applicant is serving a sentence for unrelated matters – error established – re-sentenced
Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A, 24, 32, 47(2), 47(3)
Criminal Appeal Act 1912 (NSW), ss 5(1)(c), 10(b)
Cases Cited: Cahyadi v R [2007] NSWCCA 1; (2007) 168 A Crim R 41
Christian v R [2021] NSWCCA 300
House v The King (1936) 55 CLR 499; [1936] HCA 40
Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37
Lehn v R (2016) 93 NSWLR 205; [2016] NSWCCA 255
Mill v The Queen (1988) 166 CLR 59; [1988] HCA 70
Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26
Category: Principal judgment Parties: Jamie Bruce Murray (Applicant)
Rex (Respondent)Representation: Counsel:
Solicitors:
K Averre with H Thomas-Dubler (Applicant)
V Garrity (Respondent)
Legal Aid NSW (Applicant)
Office of the Director of Public Prosecutions (Respondent)
File Number(s): 2020/00342329; 2020/00369276; 2021/00244279; 2021/00244283 Decision under appeal
- Court or tribunal:
- District Court of New South Wales
- Jurisdiction:
- Criminal
- Date of Decision:
- 14 October 2022
- Before:
- Coleman SC DCJ
- File Number(s):
- 2020/00342329; 2020/00369276; 2021/00244279; 2021/00244283
HEADNOTE
[This headnote is not to be read as part of the judgment]
The applicant, Jamie Bruce Murray, was sentenced in the District Court for a set of 10 offences (“the subject offences”) on 14 October 2022 by Coleman SC DCJ. He received a sentence of an aggregate term of 6 years imprisonment with a non-parole period of 3 years and 6 months (“the aggregate sentence”). The aggregate sentence was backdated by 292 days to take into account the time that the applicant had spent in custody that was solely referable to the subject offences. The aggregate…
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- AGLC
- Murray v The King [2024] NSWCCA 107
- Case
- [2024] NSWCCA 107
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the trial judge had erred in not applying the principle of totality when sentencing the appellant. The principle of totality refers to the consideration of the cumulative effect of concurrent sentences, ensuring that the overall punishment does not exceed what would have been imposed if the sentences were consecutive. The appellant contended that the trial judge did not sufficiently take into account the effect of the concurrent sentences when determining the appropriate term of imprisonment. The court was required to examine the sentencing process and determine if an error had been made.
The High Court held that the trial judge did indeed err in not applying the principle of totality in the sentencing process. The court found that the judge had not adequately considered the cumulative effect of the concurrent sentences, which resulted in an unduly harsh overall term of imprisonment. The principle of totality must be applied to ensure that the cumulative effect of concurrent sentences does not exceed what would have been imposed if the sentences were consecutive. The court concluded that an error had been established and ordered a re-sentencing of the appellant.
The High Court ordered that the appellant be re-sentenced by the trial judge, who must now apply the principle of totality to determine the appropriate term of imprisonment. The court emphasised the importance of considering the cumulative effect of concurrent sentences to prevent unduly harsh overall terms of imprisonment. The trial judge must now re-evaluate the sentence, taking into account the principle of totality, and impose a sentence that appropriately reflects the cumulative effect of the concurrent sentences.
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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