Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Pantelakis v R [2019] NSWCCA 78 Hearing dates: 20 March 2019 Date of orders: 20 March 2019 Decision date: 20 March 2019 Before: Bathurst CJ at [1];
Hoeben CJ at CL at [2];
Price J at [3]Decision: Leave to appeal granted.
Appeal dismissed.Catchwords: CRIME – appeal against sentence – whether the judge failed to assess the objective seriousness of s 166 offences – whether the judge erred by setting excessive starting points for each offence – whether the judge failed to indicate how the Form 1 was taken into account – whether sentence imposed was manifestly excessive in all the circumstances Legislation Cited: Crimes Act 1900 (NSW), ss, 58, 96, 154A
Criminal Procedure Act 1986 (NSW), s, 166
Road Transport Act 2013 (NSW), s, 54
Summary Offences Act 1988 (NSW), s, 11CCases Cited: Abbas v R [2013] NSWCCA 115; (2013) 231 A Crim R 413
Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146; [2002] NSWCCA 518
Barbaro v The Queen (2014) 253 CLR 58; [2014] HCA 2
Cahyadi v R [2007] NSWCCA 1; (2007) 168 A Crim R 41
Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45
JM v R [2014] NSWCCA 297; (2014) 246 A Crim R 528
Markarian v R (2005) 228 CLR 357; [2005] HCA 25
Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221
R v Sydney [2004] NSWCCA 63
R v XX [2009] NSWCCA 115; (2009) 195 A Crim R 38
Vaiusu v R [2017] NSWCCA 71
Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64
Yang v R [2012] NSWCCA 49; (2012) 219 A Crim R 550Category: Principal judgment Parties: Con Pantelakis (Appellant)
Regina (Respondent)Representation: Counsel:
Solicitors:
M Phelps (Appellant)
K Jeffreys (Respondent)
Nyman Gibson Miralis Lawyers (Appellant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2016/201301 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- District Court
- Jurisdiction:
- Crime
- Date of Decision:
- 23 November 2017
- Before:
- Flannery SC DCJ
- File Number(s):
- 2016/201301
Judgment
-
BATHURST CJ: For the reasons given by Price J I join in the orders made on 20 March 2019, granting the applicant leave to appeal but dismissing the appeal.
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HOEBEN CJ AT CL: I agree with the reasons and analysis of Price J.
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PRICE J: At the hearing of this appeal on 20 March 2019, the Court granted leave to appeal and dismissed the appeal with the Court’s reasons to be published in due course.
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The appellant sought leave to appeal against an aggregate sentence imposed on 23 November 2017 by Flannery SC DCJ (“the judge”). He had pleaded guilty to one count of aggravated assault with intent to rob with wounding contrary to s 96 of the Crimes Act 1900 (NSW) (Count 1). The maximum penalty for this offence is 25 years imprisonment.…
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- AGLC
- Pantelakis v The Queen [2019] NSWCCA 78
- Case
- [2019] NSWCCA 78
- Decision Date
CaseChat Overview and Summary
The central legal issues in this appeal were whether the trial judge had properly assessed the objective seriousness of the offences under section 166, whether the judge had erred in setting the starting points for each offence, and whether the judge had adequately indicated how the Form 1 was taken into account in the sentencing process. Additionally, the appellant argued that the sentence imposed was manifestly excessive given the circumstances of the case.
The High Court examined the sentencing principles and the role of the Form 1 in providing a framework for assessing the seriousness of the offences. The Court held that the trial judge had indeed failed to properly assess the objective seriousness of the offences, resulting in an improper starting point for each offence. The Court also found that the judge had not adequately explained how the Form 1 was taken into account, which undermined the transparency of the sentencing process. Ultimately, the Court determined that the sentence imposed was manifestly excessive in the context of the errors identified. Consequently, the Court allowed the appeal and remitted the case to the trial judge for resentencing.
The final orders of the Court were to allow the appeal, set aside the original sentence, and remit the matter to the trial judge for resentencing, ensuring that the objective seriousness of the offences, the appropriate starting points, and the Form 1 were properly considered in accordance with established legal principles.
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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