Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Qoro v R [2020] NSWCCA 276 Hearing dates: 25 September 2020 Decision date: 23 October 2020 Before: Simpson AJA at [1 ];
Rothman J at [2 ];
Bellew J at [78]Decision: (1) Leave to appeal granted;
(2) The sentence imposed on the applicant by the District Court on 6 December 2019 for the offence of one count of armed robbery committed at Orange on 1 September 2018 is quashed;
(3) The applicant is sentenced, for armed robbery committed at Orange on 1 September 2018 to a head sentence of 3 years and 6 months, commencing 5 June 2019 and concluding 4 December 2022, with a non-parole period of 2 years and 1 month, concluding 4 July 2021. The applicant is first eligible for parole on 4 July 2021.
Catchwords: CRIME – SENTENCE APPEAL – special circumstances – failure to give effect to finding as a result of the effect of accumulation – error disclosed – additional evidence taken into account on re-sentencing – appeal allowed – applicant resentenced
Legislation Cited: Crimes Act 1900 (NSW), s 97(1)
Crimes (Sentencing Procedure) Act 1999 (NSW), s 3A
Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37
Elwood v R [2019] NSWCCA 315
Kennedy v R [2010] NSWCCA 260
Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37
Lehn v R (2016) 93 NSWLR 205; [2016] NSWCCA 255
R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111
Sabongi v R (2015) 249 A Crim R 167; [2015] NSWCCA 25
Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14
Category: Principal judgment Parties: Joseph Seka Qoro (Applicant)
Crown (Respondent)Representation: Counsel:
Solicitors:
B Neild (Applicant)
M Kumar (Respondent)
Aboriginal Legal Service (Applicant)
Office of the Director of Public Prosecutions (NSW) (Respondent)
File Number(s): 2018/272752 Decision under appeal
- Court or tribunal:
- District Court
- Jurisdiction:
- Crime
- Date of Decision:
- 06 December 2019
- Before:
- Woods QC ADCJ
- File Number(s):
- 2018/272752
Judgment
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SIMPSON AJA: I agree with Rothman J.
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ROTHMAN J: The applicant seeks leave to appeal against the sentence imposed by Woods QC ADCJ in the District Court on 6 December 2019. The applicant had been committed for sentence for one count of armed robbery, committed at Orange on 1 September 2018.
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The offence is a contravention of s 97(1) of the Crimes Act 1900 (NSW) for which there is a prescribed maximum penalty of 20 years’ imprisonment and no standard non-parole period. There is, however, a guideline judgment in relation to this offence. [1]
1. R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111.
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For the foregoing offence, the applicant was sentenced to a head sentence of 3 years and 9 months, commencing 5 June 2019 and expiring 4 March 2023, with a non-parole period of 2 years and 6 months, concluding 4 December 2021.
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During the proceedings on sentence, the sentencing…
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- AGLC
- Qoro v R [2020] NSWCCA 276
- Case
- [2020] NSWCCA 276
- Decision Date
CaseChat Overview and Summary
The High Court examined the sentencing process meticulously, considering the trial judge's failure to properly account for the special circumstances that warranted a lesser sentence. The court found that the trial judge had erred materially by not giving effect to these findings, which resulted in an accumulation effect that led to an unjust outcome. Furthermore, the court noted that additional evidence was considered during the re-sentencing process, which the trial judge had not taken into account initially. Based on this analysis, the court concluded that the error was significant enough to warrant a re-sentencing to ensure that Qoro's punishment appropriately reflected the special circumstances of his case.
Consequently, the High Court allowed the appeal and resentenced Qoro, taking into account the special circumstances that had previously been overlooked. The court's decision highlighted the importance of accurately considering all relevant factors during sentencing to ensure justice is served. The final orders of the court mandated that Qoro be resentenced in light of the special circumstances, reflecting the court's commitment to correcting the error and ensuring that the sentence was just and appropriate.
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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