Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: R v Dennis [2015] NSWCCA 297 Hearing dates: 16 November 2015 Date of orders: 04 December 2015 Decision date: 04 December 2015 Before: Johnson J at [1]
Beech-Jones J at [5]
R.S. Hulme AJ at [63]Decision: (1) Leave to appeal be granted; and
(2) The appeal be dismissed.Catchwords: SENTENCE APPEAL – applicant robbed passenger on a public train by cutting his throat – applicant on parole at time of offence – significant criminal record – sentence of eleven years with non-parole period of eight years and three months – offence of robbery while armed and inflict grievous bodily harm – standard non-parole period of seven years imprisonment – whether sentencing judge erred in assessment of objective seriousness – whether judge erred in using similarity with previous offence to determine whether offence was planned or premeditated – whether breach of procedural fairness by sentencing judge – whether sentence manifestly excessive – leave to appeal granted but appeal dismissed. Legislation Cited: - Crimes Act 1900 (NSW) – s 98
- Crimes (Sentencing Procedure) Act 1999 (NSW) – s 21A, s 54A
- Evidence Act 1995 (Cth) – s 4(3)Cases Cited: - Barbaro v The Queen [2014] HCA 2; 253 CLR 58
- Button v R [2010] NSWCCA 264
- Dang v R [2014] NSWCCA 47
- Hili v The Queen; Jones v The Queen [2010] HCA 45; 242 CLR 520
- Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam, Re [2003] HCA 6; 214 CLR 1
- Muldrock v The Queen [2011] HCA 39; 244 CLR 120
- Mulato v R [2006] NSWCCA 282
- R v Chisari [2006] NSWCCA 19
- R v Ibrahami [2005] NSWCCA 153
- R v JW [2010] NSWCCA 49; 77 NSWLR 7
- R v Pham [2015] HCA 39
- Tweedie v R [2015] NSWCCA 71
- Veen v R (No 2) [1988] HCA 14; 164 CLR 465
- Weir v R [2011] NSWCCA 123Category: Principal judgment Parties: Shane Barry Dennis – Applicant
Crown – RespondentRepresentation: Counsel:
Solicitors:
W. Hunt, J. Paingakulam – Applicant
E. Balodis – Respondent
Proctor & Associates – Applicant
Solicitor for Public Prosecutions – Respondent
File Number(s): 2012/270220 Decision under appeal
- Court or tribunal:
- District Court
- Date of Decision:
- 16 May 2014
- Before:
- Knox SC DCJ
Judgment
-
JOHNSON J: I agree with the orders proposed by Beech-Jones J and his Honour's reasons for those orders.
-
I wish to make one additional observation. The Applicant's offence was a most serious example of a crime of violence committed against a citizen who was using the public transport system at night. At the time of this offence, the Applicant was on parole for an offence of violence committed against other citizens who were using public transport.
-
This Court has emphasised that crimes of violence in these circumstances warrant severe punishment, and that “persons who are required to use public…
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- R v Dennis [2015] NSWCCA 297
- Case
- [2015] NSWCCA 297
- Decision Date
CaseChat Overview and Summary
The court found that the sentencing judge did not err in assessing the objective seriousness of the offence. The court held that the judge was entitled to take into account the fact that the applicant was on parole at the time of the offence and had a significant criminal history. The court also found that the judge did not err in using the similarity with a previous offence to determine if the offence was planned or premeditated. The court held that the judge was entitled to take into account the similarity between the two offences in assessing whether the offence was planned or premeditated. The court further held that there was no breach of procedural fairness by the sentencing judge. The court found that the judge had not acted in a biased or capricious manner in imposing the sentence. Finally, the court held that the sentence was not manifestly excessive. The court found that the sentence was within the range of sentences that could be imposed for the offence and that the sentence reflected the seriousness of the offence and the applicant's criminal history.
The appeal was dismissed, and the sentence was upheld. The court held that the sentence was appropriate and that there were no grounds for interference. The court found that the sentencing judge had carefully considered all the relevant factors in imposing the sentence and that the sentence was not manifestly excessive. The appeal was dismissed, and the sentence was upheld. The applicant's conviction and sentence remain in place.
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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