R v Anquetil

Case [2021] NSWCCA 59


Court of Criminal Appeal


Supreme Court


New South Wales

  • Amendment notes
Medium Neutral Citation: R v Anquetil [2021] NSWCCA 59
Hearing dates: 27 November 2020
Decision date: 09 April 2021
Before: Bathurst CJ at [1];
Hoeben CJ at CL at [159];
Bellew J at [160]
Decision:

Appeal dismissed.

Catchwords:

CRIME – appeals – appeal against sentence – manifest inadequacy – whether there was a misapplication of principle – objective seriousness – where objectiveness seriousness above the midrange

CRIME – appeals – appeal against sentence – manifest inadequacy – comparative cases – whether comparable cases provide a meaningful range of sentences as a yardstick

Legislation Cited:

Crimes Act 1914 (Cth)

Criminal Code Act 1899 (Qld)

Criminal Code Act 1995 (Cth)

Proceeds of Crime Act 2002 (Cth)

Cases 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

CMB v The Attorney General of New South Wales (2015) 256 CLR 346; [2015] HCA 9

Dickson v R [2016] NSWCCA 105

Director of Public Prosecutions (Cth)v De La Rosa (2010) 243 FLR 28

Director of Public Prosecutions (Vic) v Dalgliesh (Pseudonym) (2017) 262 CLR 428; [2017] HCA 41

Elias v R (2013) 248 CLR 483; [2013] HCA 31

Green v R; Quinn v R (2011) 244 CLR 462; [2011] HCA 49

Hili v The Queen (2010) 242 CLR 520

Kerr v R [2016] NSWCCA 218

Le v R (Cth) [2010] NSWCCA 285

Markarian v R (2005) 228 CLR 357; [2005] HCA 25

Milne v R [2012] NSWCCA 24; (2012) 219 A Crim R 237

Milne v R (2014) 252 CLR 149; [2014] HCA 4

Moodie v R [2020] NSWCCA 160

Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221

Oliver v R [2020] NSWCCA 26

R v Byrne [2010] QCA 33

R v Huang [2007] NSWCCA 259; (2007) 174 A Crim R 370

R v Issakidis [2018] NSWSC 378

R v Kilic (2016) 259 CLR 256; [2016] HCA 48

R v Kitson [2019] NSWSC 1109

R v Li [2010] NSWCCA 125; (2010) 202 A Crim R 195

R v Nguyen [2010] NSWCCA 226; (2010) 204 A Crim R 246

R v Pham (2015) 256 CLR 550; [2015] HCA 39

TAN v R (2011) 35 VR 109; [2011] VSCA 427

Trandy v R (2009) VSCA 321

Wong v The Queen (2001) 207 CLR 584

Texts Cited:

Nil

Category:Principal judgment
Parties: The Crown (Appellant)
Simon Paul Anquetil (Respondent)
Representation: Counsel:
S Dowling SC with R Ranken (Appellant)
P Strickland SC with P Lange (Respondent)
Solicitors:
Commonwealth Director of Public Prosecutions (Appellant)
Hanna Legal (Respondent)
File Number(s): 2017/150658
Publication restriction:

(1) Pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW), the parts of these reasons for judgment which are marked as redacted on the file…

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AGLC
R v Anquetil [2021] NSWCCA 59
Case
[2021] NSWCCA 59
Decision Date

CaseChat Overview and Summary

The appellant, Anquetil, was convicted of a serious crime and appealed against the sentence imposed by the lower court. The nature of the appeal was to argue that the sentence was manifestly inadequate, specifically contending that there was a misapplication of sentencing principles. The matter was heard in the appellate court of Australia.

The primary legal issue before the court was whether the sentence imposed by the lower court was manifestly inadequate, and whether the sentencing principles were correctly applied. The appellant argued that the sentence was too lenient, given the objective seriousness of the crime, which was above the midrange. Additionally, the appellant submitted that the lower court failed to adequately consider the objective seriousness of the crime and did not appropriately apply the principles of sentencing. The appellant also contended that the lower court did not provide a meaningful comparison to other cases to establish a range of appropriate sentences.

The appellate court considered the objective seriousness of the crime, which was indeed above the midrange, and examined whether the lower court had appropriately applied the sentencing principles. The court noted that the lower court had taken into account the objective seriousness of the crime and had applied the principles of sentencing in a manner consistent with previous cases of similar nature. The court found that the lower court had appropriately exercised its discretion in imposing the sentence, and that there was no manifest inadequacy. The court also determined that the lower court had sufficiently considered comparable cases to establish an appropriate range of sentences, and thus the sentence was not manifestly inadequate.

The appeal was dismissed, and the sentence imposed by the lower court was upheld. The appellate court found that the lower court had appropriately applied the principles of sentencing and that the sentence was not manifestly inadequate.

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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