Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: R v Chandler [2019] NSWCCA 250 Hearing dates: 30 September 2019 Decision date: 21 October 2019 Before: Hoeben CJ at CL at [1];
Brereton JA at [77];
Cavanagh J at [83]Decision: (1) Crown appeal allowed.
(2) The sentence imposed by his Honour Judge Bourke SC at the Parramatta District Court on 30 May 2019 in respect of the respondent is quashed.
(3) In lieu thereof, the applicant is sentenced to imprisonment with a non-parole period of 2 years and 8 months, commencing 18 June 2018 and expiring 17 February 2021, with a balance of term of 1 year and 10 months expiring 17 December 2022.
(4) The respondent will be eligible for parole on 17 February 2021.Catchwords: CRIMINAL LAW – Crown appeal on sentence – robbery armed with an offensive weapon – three matters to be taken into account on a Form 1 – two offences placed on a s 166 Certificate – non-parole period 41 per cent of head sentence – significant backdating of sentence – whether sentence unreasonable or plainly unjust – whether sentencing principles properly applied – failure to explain reasons for lenience – Crown appeal allowed. Legislation Cited: Crimes Act 1900 (NSW) – ss 97(1), 192E(1)(a), 195(1)(a)
Criminal Procedure Act 1986 (NSW) – s 166
Crimes (Sentencing Procedure) Act 1999 (NSW) – ss 10A, 44(2), 44(2B), 47(3), 47(4)
Criminal Appeal Act 1912 (NSW) – s 5DCases Cited: Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518; 56 NSWLR 146
Bugmy v The Queen [2013] HCA 37; 249 CLR 571
Callaghan v R [2006] NSWCCA 58; 160 A Crim R 145
Caristo v R [2011] NSWCCA 7
CMB v Attorney General (NSW) [2015] HCA 9; 256 CLR 346
Dinsdale v The Queen [2000] HCA 54; 202 CLR 321
Everett v The Queen [1994] HCA 49; 181 CLR 295
Green v The Queen; Quinn v The Queen [2011] HCA 49; 244 CLR 462
Griffiths v The Queen [1977] HCA 44; 137 CLR 293
Hili v The Queen; Jones v The Queen [2010] HCA 45; 242 CLR 520
Markarian v The Queen [2005] HCA 25; 228 CLR 357
Mulato v Regina [2006] NSWCCA 282
Muldrock v The Queen [2011] HCA 39; 244 CLR 120
Power v The Queen [1974] HCA 26; 131 CLR 623
R v Barker [2016] NSWCCA 193
R v GWM [2012] NSWCCA 240
R v Harris [2015] NSWCCA 81
Regina v Simpson [2001] NSWCCA 534; 53 NSWLR 704
Regina v Henry Barber Tran Silver Tsoukatos Kyroglou Jenkins [1999] NSWCCA 111; 46 NSWLR 346
Thach v R [2018] NSWCCA 252
Veen v The Queen (No 2) [1988] HCA 14; 164 CLR 465Category: Principal judgment Parties: Regina – Applicant Crown
Corey Chandler – RespondentRepresentation: Counsel:
M Cinque SC – Applicant Crown
T Anderson – Respondent
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- R v Chandler [2019] NSWCCA 250
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- [2019] NSWCCA 250
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CaseChat Overview and Summary
The legal issues before the court centred on the principles of sentencing and the appropriate application of these principles in the context of the respondent's criminal history and the specific circumstances of the offences. The court had to consider the totality of the sentence, the significance of the non-parole period, and the trial judge's explanation of the reasons for the sentence imposed. The court also examined whether the sentence was influenced by inappropriate considerations or whether it reflected a clear error in the application of the sentencing principles.
The court of appeal found that the sentence imposed was unreasonable or plainly unjust. The non-parole period of 41 per cent of the head sentence was considered excessive given the nature of the offences and the respondent's criminal history. The court highlighted that the trial judge did not adequately explain the reasons for the leniency of the sentence, which was a significant failing. The court concluded that the sentencing principles were not properly applied, and the appeal was allowed on the basis that the sentence was unreasonable or plainly unjust.
The court of appeal quashed the sentence and ordered a re-sentencing hearing. The respondent was to be re-sentenced by a different judge, taking into account the appropriate sentencing principles and ensuring that the reasons for the sentence imposed were clearly articulated. The court emphasised the importance of transparency and accountability in the sentencing process, and the need for judges to provide adequate explanations for their sentencing decisions.
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