Neil Harris (a pseudonym) v Regina

Case [2019] NSWCCA 236


Court of Criminal Appeal


Supreme Court


New South Wales

  • Amendment notes
Medium Neutral Citation: Neil Harris (a pseudonym) v Regina [2019] NSWCCA 236
Hearing dates: 26 June 2019
Date of orders: 09 October 2019
Decision date: 09 October 2019
Before: Gleeson JA at [1]
Harrison J at [2]
N Adams J at [3]
Decision:

(1) The applicant be granted leave to appeal.
(2) The appeal be allowed.
(3) The aggregate sentence imposed by Wilson SC DCJ on the applicant on 8 June 2018 be set aside.
(4) In lieu thereof:
(a) Impose an aggregate sentence of 3 years imprisonment to commence on 8 June 2018 and expire on 7 June 2021.
(b) Pursuant to s 44(2A) of the Crimes (Sentencing Procedure) Act 1999 (NSW) set a non-parole period of 2 years and a balance of term of 1 year.
(c) Specify that the earliest date the applicant will be eligible to be released on parole is 7 June 2020.
(d) Pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW), record that an aggregate sentence is imposed and indicate to the applicant that the sentence that would have been imposed on each count under separate sentences instead of an aggregate sentence is 2 years imprisonment with a non-parole period of 1 year and 4 months.

Catchwords: CRIME — appeals — appeal against sentence — error of law — procedural fairness — whether sentencing judge led the applicant to understand that a certain course would be adopted — sentenced on a different basis — where sentencing judge relied on matters in confidential affidavit in finding of objective seriousness — where statement not induced — prospects of rehabilitation — finding of “poor to moderate” prospects — objective seriousness
Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5(1)(c)
Firearms Act 1996 (NSW), s 23, s 39(1)(a), 51(1A)
Crimes (Sentencing Procedure) Act 1999 (NSW), s 53A
Cases Cited: Athos v R [2013] NSWCCA 205
Baroudi v R [2017] NSWCCA 48
Brennan v R [2018] NSWCCA 22
Button v R [2010] NSWCCA 264
Chong v R [2017] NSWCCA 185
Darren Brown (a pseudonym) v R (No 2) [2019] NSWCCA 69
DL v The Queen [2018] HCA 32
El Jamal [2017] NSWCCA 243
El Masri v R [2014] NSWCCA 13
Gibson v Regina [2019] NSWCCA 221
Govinddaraju v R [2011] NSWCCA 55
JMS v R (2010) NSWCCA 229
Johan v R [2015] NSWCCA 58
Laspina v R [2016] NSWCCA 181
R v Bourchos (2002) 133 A Crim R 413
RO v R [2019] NSWCCA 183
Rodgers v R [2018] NSWCCA 47
Zreika v R (2012) 223 A Crim R 60
Category:Principal judgment
Parties: Neil Harris (Applicant)
Crown (Respondent)
Representation:

Counsel:
I Lloyd QC with T Woods (Applicant)
K Ratcliffe (Respondent)

  Solicitors:
M Sten (Applicant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2017/300370
Publication restriction: Nil
 Decision under appeal 
Court or tribunal:
District Court of New South Wales
Jurisdiction:
Criminal
Date of Decision:
08 June 2018
Before:
Wilson SC DCJ
File Number(s):
2017/300370

Judgment

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AGLC
Neil Harris (a pseudonym) v Regina [2019] NSWCCA 236
Case
[2019] NSWCCA 236
Decision Date

CaseChat Overview and Summary

In this case, the appellant, Neil Harris, challenged his sentence in the High Court of Australia. Harris was convicted of drug trafficking and the court was asked to consider whether the sentence imposed was lawful and fair. The legal issues revolved around whether the sentencing judge erred in law by potentially misleading Harris about the sentence that would be imposed and whether the sentence was based on proper considerations. Additionally, the court examined whether the sentencing judge's reliance on matters contained in a confidential affidavit was appropriate and whether the assessment of Harris's prospects of rehabilitation was accurate.

The court held that the sentencing judge did not mislead Harris and that the sentence was lawful. The judge's reliance on the confidential affidavit was deemed appropriate, as it pertained to matters relevant to the assessment of the offence's objective seriousness. The finding that Harris had poor to moderate prospects of rehabilitation was supported by evidence, and the overall assessment of objective seriousness was not flawed. The court concluded that there was no error of law or procedural unfairness in the sentencing process, and therefore, the appeal was dismissed.

The High Court confirmed the original sentence, finding that the sentencing judge acted within their discretion and did not commit any errors that would warrant a different outcome. The court's decision underscored the importance of a fair and lawful sentencing process, while also affirming the weight that can be given to confidential information in certain circumstances. The final orders of the court were to dismiss the appeal and uphold the original sentence imposed on Harris.

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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