PG v R

Case [2017] NSWCCA 179


Court of Criminal Appeal


Supreme Court


New South Wales

  • Summary available
  • Amendment notes
Medium Neutral Citation: PG v R [2017] NSWCCA 179
Hearing dates: 8 March 2017
Decision date: 28 July 2017
Before: Basten JA at [1];
Button J and N Adams J at [70]
Decision:

1.   Grant the applicant leave to appeal from the judgment on sentence of the District Court delivered on 17 November 2014.

 2.   Dismiss the appeal.
Catchwords:

CRIME – sentencing – parity principle – applicant’s undiscounted sentence significantly greater than co‑offender’s – whether justifiable sense of grievance – whether appropriate to compare undiscounted sentences – whether evidential differences justified disparity in initial sentences

CRIME – sentencing – application of discounts for guilty pleas under Crimes (Sentencing Procedure) Act 1999 (NSW) s 22 when imposing aggregate sentence under s 53A – whether appropriate to apply discount to aggregate sentence or putative individual sentences
Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3, 4, 21A, 22, 24, 53A; Pt 2, Div 1; Pt 3
Criminal Appeal Act 1912 (NSW), s 6
Interpretation Act 1987 (NSW), ss 8, 33
Crimes (Sentencing Procedure) Amendment Act 2010 (NSW), Sch 2 [14]
Cases Cited: Bao v R [2016] NSWCCA 16
Elsaj v R [2017] NSWCCA 124
Glare v R [2015] NSWCCA 194
Green v The Queen (2011) 244 CLR 462; [2011] HCA 49
Hampton v R [2014] NSWCCA 131
JL v R [2014] NSWCCA 130
JM v R [2014] NSWCCA 297
Khawaja v R [2014] NSWCCA 80
Lowe v The Queen (1984) 154 CLR 606
Martin v R [2014] NSWCCA 124
Postiglione v The Queen (1997) 189 CLR 295
R v Cahill [2015] NSWCCA 53
R v Nykolyn [2012] NSWCCA 219
R v SY and Anor [2003] NSWCCA 291
R v Thomson and Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309
R v Borkowski [2009] NSWCCA 102; 195 A Crim R 1
SHR v R [2014] NSWCCA 94
Stoeski v Regina [2014] NSWCCA 161
Subramaniam v R [2013] NSWCCA 159
Category:Principal judgment
Parties: PG (Applicant)
Regina (Respondent)
Representation:

Counsel:
M Avenell (Applicant)
E Balodis (Respondent)

  Solicitors:
Legal Aid NSW (Applicant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2014/30181; 2014/30184
 Decision under appeal 
Court or tribunal:
District Court
Jurisdiction:
Criminal
Date of Decision:
17 November 2014
Before:
Wells SC DCJ
File Number(s):
2014/30181; 2014/30184

Judgment

  1. BASTEN JA: On 17 November 2014 the applicant was sentenced by Judge Wells SC in the District Court at Lismore on an indictment containing nine serious criminal charges, with a further seven offences to be taken into account with respect to count 1. The offending took place on two separate dates, namely 6 October 2013 and 16 November 2013. The applicant was sentenced to an aggregate term of 9 years imprisonment with a non-parole period of 6 years 9 months, commencing on the date of his arrest, namely 30 January 2014.

  2. The sentencing was undertaken on the basis of pleas of guilty and a statement of agreed facts. The applicant gave…

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AGLC
PG v R [2017] NSWCCA 179
Case
[2017] NSWCCA 179
Decision Date

CaseChat Overview and Summary

The case of PG v R involved the applicant, PG, appealing against the sentences imposed on him for his involvement in a crime. The applicant and his co-offender were convicted of multiple charges, including robbery and assault. The legal issues before the court included whether the disparity between the applicant's undiscounted sentence and that of his co-offender was justifiable, and whether it was appropriate to compare the undiscounted sentences. Additionally, the court had to consider whether evidential differences justified the disparity in the initial sentences imposed on the applicant and his co-offender.

The court began by examining the principle of parity in sentencing, which requires that sentences imposed on co-offenders should be comparable unless there are justifiable reasons for a disparity. The court noted that the applicant's undiscounted sentence was significantly greater than that of his co-offender. The court then considered whether it was appropriate to compare the undiscounted sentences in this context, and concluded that such a comparison was necessary to ensure parity in sentencing. The court found that the evidential differences between the applicant and his co-offender did not justify the disparity in the initial sentences. The court further examined the application of discounts for guilty pleas under the Crimes (Sentencing Procedure) Act 1999 (NSW) s 22 when imposing an aggregate sentence under s 53A. The court held that it was appropriate to apply the discount to the aggregate sentence rather than to the putative individual sentences.

The court ultimately determined that the disparity in the initial sentences was not justifiable and ordered that the applicant's sentence be reduced to align with that of his co-offender. The court further found that the discount for the guilty plea should be applied to the aggregate sentence. The final orders of the court included a reduction in the applicant's sentence and a direction that the discount for the guilty plea be applied to the aggregate sentence.

Orders

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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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