Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Nydegger v R [2024] NSWCCA 232 Hearing dates: 14 October 2024 Date of orders: 13 December 2024 Decision date: 13 December 2024 Before: Basten AJA at [1]
Dhanji J at [13]
Faulkner J at [14]Decision: (1) Grant leave to appeal.
(2) Appeal dismissed.
Catchwords: CRIME – application for leave to appeal against sentence – appeal against sentence – casting upon a person an explosive substance, namely petrol, with intent to burn, maim, disfigure or disable the person – whether sentence manifestly excessive – ground not made out – appeal dismissed
Legislation Cited: Crimes Act 1900 (NSW), ss 33, 47
Criminal Appeal Act 1912 (NSW), s 5
Cases Cited: Bourke v R [2010] NSWCCA 22; 199 A Crim R 38
DS v R; DM v R (2022) 109 NSWLR 82; [2022] NSWCCA 156
McCullough v R [2009] NSWCCA 94; 194 A Crim R 439
Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221
R v Dinh [2010] NSWCCA 74; 199 A Crim R 573
Category: Principal judgment Parties: Quintin Chester Nydegger (Applicant)
Rex (Respondent)Representation: Counsel:
Solicitors:
S Howell with H Webb (Applicant)
J Styles (Respondent)
Maria Walz Legal (Applicant)
Public Prosecutions NSW (Respondent)
File Number(s): 2022/00177530 Decision under appeal
- Court or tribunal:
- District Court of NSW
- Jurisdiction:
- Criminal
- Citation:
- Date of Decision:
- 15 September 2023
- Before:
- Haesler SC DCJ
- File Number(s):
- 2022/00177530
JUDGMENT
-
BASTEN AJA: On 15 September 2023, Haesler SC DCJ sentenced the applicant, Quinton Chester Nydegger, to imprisonment for 6 years, 9 months with a non-parole period of 4 years, 4 months on a single charge that he “did cast upon a person … an explosive substance, namely petrol, with intent to burn, maim, disfigure or disable” the person, under s 47 of the Crimes Act 1900 (NSW). [1] The circumstances of the offending and the parties’ submissions have been set out by Faulkner J. I agree that there should be a grant of leave to appeal against sentence, but that the appeal be dismissed.
1. R v Nydegger [2023] NSWDC 619.
-
The sole ground of appeal alleged that the sentence was outside the range reasonably available to the sentencing judge, without purporting to identify any particular error ascertainable from the judgment on sentence. The error was said, therefore, to inhere in the synthesis of considerations favouring severity and those favouring leniency.
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The primary factor favouring leniency was the applicant’s mental illness. That, however, was given careful and appropriate consideration by the sentencing judge and it cannot be said that the factor was given insufficient weight in the resulting sentence. The primary factor favouring severity was the objective seriousness of the…
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- AGLC
- Nydegger v The King [2024] NSWCCA 232
- Case
- [2024] NSWCCA 232
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the sentence was manifestly excessive. The court was required to examine the sentence in light of the relevant statutory provisions, case law, and sentencing principles. The court considered the gravity of the offence, the appellant's criminal history, and the impact of the offence on the victim, despite there being no physical harm. Additionally, the court evaluated whether the sentence imposed by the lower court was outside the range of reasonable sentences that could be imposed for such an offence.
The court concluded that the sentence was not manifestly excessive. It found that the lower court had appropriately considered the relevant sentencing principles and the specific circumstances of the case. The court held that the sentence was within the range of reasonable sentences that could be imposed for the offence committed. Consequently, the appeal was dismissed, and the appellant was not granted leave to appeal against his sentence. The lower court's sentence was upheld as appropriate and proportionate to the offence.
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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