Local Court
New South Wales
Medium Neutral Citation: Police v Liddington [2023] NSWLC 13 Hearing dates: 24 January 2023 Date of orders: 6 February 2023 Decision date: 06 February 2023 Jurisdiction: Criminal Before: Stewart LCM Decision: Imprisonment 2 years NPP 18 months
Catchwords: CRIME — Intimidation — affray — hate or race crime — white supremacist ideology — targeted victim —degree of planning — strong need for specific and general deterrence — whether parity applies —untested remarks to third party — protection of community — denunciation
Legislation Cited: Crimes Act1900 (NSW)
Crimes (Domestic and Personal Violence) Act 2007 (NSW)
Crimes (Sentencing Procedure) Act1999 (NSW)
Cases Cited: Bresnahan v The Queen [2022] NSWCCA 288
Bugmy v The Queen [2013] HCA 37
Green v The Queen; Quinn v The Queen [2011] HCA 49
Imbornone v R [2017] NSWCCA 144
Lowe v The Queen (1984) 154 CLR 606
McAuliffe v The Queen (1995) 183 CLR 108
Park v The Queen [2021] HCA 37
Quinn v Commonwealth Director of Public Prosecutions [2021] NSWCA 294
R v Borkowski [2009] NSWCCA 102
Stanley v Director of Public Prosecutions (NSW) [2022] HCA 3
Thurlow v The Queen [2022] NSWCCA 20
Category: Sentence Parties: NSW Police Force (Prosecution)
Desmond Liddington (Defendant)Representation: Solicitors:
Sergeant G Lolis (Police Prosecutor)
G Stewart (Defendant)
File Number(s): 2022/00119858 Publication restriction: Nil
JUDGMENT
REMARKS ON SENTENCE
The Charges and the Pleas
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The offender Desmond Liddington pleaded guilty to offences of Intimidation contrary to s 13(1) Crimes (Domestic and Personal Violence) Act 2007 (NSW), and Affray contrary to s 93C(1) Crimes Act 1900 (NSW) (the ‘Crimes Act’).
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Guilty pleas were entered on 20 September 2022 on the seventh Court mention of the matters, which were first before the Court on 27 April 2022.
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In accordance with the principles enunciated in R v Borkowski [2009] NSWCCA 102 at [32] I allow a discount of 20% for the utilitarian value of the delayed plea.
Maximum Penalties
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The maximum penalty for Intimidation is 5 years imprisonment. The maximum penalty for Affray is 10 years imprisonment.
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In Park v The Queen [2021] HCA 37 at [19], the Court said:
“[19] Contrary to the appellant's submission, a jurisdictional limit is not a matter required to be taken into account "[i]n determining the appropriate sentence for an offence" in accordance with s 21A. A jurisdictional limit relates to the sentencing court, not to the task of identifying and synthesising the relevant factors that are weighed to determine the appropriate sentence. To the contrary, the maximum penalty for an offence is a matter that is almost always required to be taken into account to determine the appropriate sentence, including where the maximum penalty exceeds a relevant jurisdictional limit.17
17 R v Doan (2000) 50 NSWLR 115 at 123 [35]; Markarian v The Queen (2005) 228 CLR 357 at 372 [30]-[31]; R v Duncan (2007) 172…
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- Police v Liddington [2023] NSWLC 13
- Case
- [2023] NSWLC 13
- Decision Date
CaseChat Overview and Summary
The court was required to address several legal issues, including whether the principles of parity apply in sentencing for hate crimes and whether remarks made to a third party, even if untested, could be considered in determining the appropriate penalty. The respondent’s extensive criminal history and the strong need to protect the community and denounce such behaviour were also factors considered by the court.
The court acknowledged the severity of the respondent’s actions and the necessity of general deterrence in cases involving hate crimes. It concluded that the principles of parity did not apply due to the unique nature of hate crimes and the significant impact on the targeted victim. The court sentenced the respondent to two years imprisonment with a non-parole period of 18 months, reflecting the need to balance the principles of denunciation, deterrence, and the protection of the community.
Orders
Orders of the court
Imprisonment 2 years NPP 18 months
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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