Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
- Amendment notes
Medium Neutral Citation: Owens v R [2017] NSWCCA 16 Hearing dates: 31 January 2017 Date of orders: 24 February 2017 Decision date: 24 February 2017 Before: Bathurst CJ at [1]
Johnson J at [2]
Fagan J at [89]Decision: Leave to appeal granted. Appeal dismissed.
Catchwords: CRIMINAL LAW - sentence appeal - robbery in company contrary to s.97(1) Crimes Act 1900 - suggested error in use of R v Henry guideline - suggested error in double counting fact that offence committed in company - claim that sentence manifestly excessive - no error demonstrated - appeal dismissed Legislation Cited: Crimes (Sentencing Procedure) Act 1999
Crimes Act 1900
Criminal Procedure Act 1986Cases Cited: Legge v R [2007] NSWCCA 244
Lowndes v The Queen (1999) 195 CLR 665; [1999] HCA 19
Markarian v The Queen [2005] 228 CLR 357; [2005] HCA 25
Porter v R [2008] NSWCCA 145
R v AB (2011) 59 MVR 356; [2011] NSWCCA 229
R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111
R v JW (2010) 77 NSWLR 7; [2010] NSWCCA 49
R v Lesi [2005] NSWCCA 63
R v Murchie (1999) 108 A Crim 482; [1999] NSWCCA 424
R v Speechley (2012) 221 A Crim R 175; [2012] NSWCCA 130
R v Stanley [2003] NSWCCA 233
R v Tran [1999] NSWCCA 109
Rudolf v R [2016] NSWCCA 313Texts Cited: --- Category: Principal judgment Parties: Shayden Owens (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
Mr M Adamo with Mr G Beveridge (Applicant)
Mr E Balodis (Respondent)
Nyman Gibson Miralis (Applicant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2014/98987 Publication restriction: --- Decision under appeal
- Court or tribunal:
- Sydney District Court
- Date of Decision:
- 29 February 2016
- Before:
- Garling ADCJ
- File Number(s):
- 2014/98987
Judgment
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BATHURST CJ: I agree with the orders proposed by Johnson J and with his Honour’s reasons.
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JOHNSON J: The Applicant, Shayden Owens, seeks leave to appeal against sentence imposed in the Sydney District Court on 29 February 2016 for an offence of robbery in company contrary to s.97(1) Crimes Act 1900.
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The maximum penalty for an offence under s.97(1) is imprisonment for 20 years. There is no standard non-parole period.
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Following a plea of guilty, the Applicant was sentenced to imprisonment for two years and six months commencing on 29 February 2016, comprising a non-parole period of 18 months and a balance of term of one year.
Facts of Offence
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What follows is drawn from the Statement of Agreed Facts which was signed by the Applicant on 7 October 2015 and was tendered at the sentencing hearing before Garling ADCJ. Some additional matters are included and are not controversial.
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On the morning of 5 July 2013 (the Applicant’s 19th birthday), he appeared before the Mount Druitt Local Court upon a charge of driving with the low-range prescribed concentration of alcohol. Following a plea of guilty, the Applicant was fined $300.00 and was disqualified…
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- AGLC
- Owens v The Queen [2017] NSWCCA 16
- Case
- [2017] NSWCCA 16
- Decision Date
CaseChat Overview and Summary
The primary issues before the court were whether there had been an error in the application of the guideline in R v Henry and whether the sentencing court had erred in considering the fact that the offence was committed in company. The appellant argued that the sentencing court had effectively counted this fact twice in its assessment of his culpability, once as an aggravating factor and once as part of the calculation of the non-parole period. The appellant further argued that the sentence was manifestly excessive and did not accord with the principle of proportionality.
The court found that there was no error in the application of R v Henry or in the consideration of the fact that the offence was committed in company. The court held that the sentencing judge had appropriately balanced the various factors relevant to the appellant's culpability and had not erred in law. The court also held that the sentence was not manifestly excessive, and that the sentencing judge had properly exercised his discretion in determining the appropriate term of imprisonment. The appeal was dismissed.
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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