R v Flanagan

Case [2024] NSWCCA 249


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: R v Flanagan [2024] NSWCCA 249
Hearing dates: 22 November 2024
Date of orders: 22 November 2024
Decision date: 20 December 2024
Before: Hamill J at [1]
N Adams J at [2]
Coleman J at [9]
Decision:

The appeal is dismissed.

Catchwords:

CRIMINAL LAW — Appeals — Crown appeal against sentence — Manifest inadequacy — Aggregate sentence — Totality — Aggregate sentence not reflecting the totality of the criminality — Appeal dismissed.

Legislation Cited:

Crimes Act 1900 (NSW)

Crimes (Sentencing Procedure) Act 1999 (NSW)

Criminal Appeal Act 1912 (NSW)

Cases Cited:

Aryal v R [2021] NSWCCA 2

Ayoub v R [2024] NSWCCA 168

Bojlevski v R [2024] NSWCCA 208

Bugmy v R (2013) 249 CLR 571; [2013] HCA 37

Cahyadi v R (2007) [2007] NSWCCA 1; 168 A Crim R 41

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

Legge v R [2007] NSWCCA 244

R v Brown [2012] NSWCCA 199

R v Grover [2013] NSWCCA 149

R v Henry (1999) 46 NSWLR 346; (1999) 106 A Crim R 149; [1999] NSWCCA 111

R v MAK; R v MSK [2006] NSWCCA 381; (2006) 167 A Crim R 159

R v Ponfield (1999) 48 NSWLR 327; [1999] NSWCCA 435

R v Sara [2020] NSWCCA 119

WS v R [2023] NSWCCA 52

Category:Principal judgment
Parties: Rex (Appellant)
Paul Flanagan (Respondent)
Representation:

Counsel:
C Tran (Appellant)
P Krisenthal (Respondent)

Solicitors:
Solicitor for Director of Public Prosecutions (Appellant)
O’Brien Criminal & Civil Solicitors (Respondent)
File Number(s): 2022/317306
Publication restriction: Nil
 Decision under appeal 
Court or tribunal:
District Court
Jurisdiction:
Criminal
Date of Decision:
16 August 2024
Before:
David DCJ
File Number(s):
2022/317306

HEADNOTE

[This headnote is not to be read as part of the judgment]

Mr Paul Flanagan entered pleas of guilty in relation to three offences committed in October 2022, being one offence of aggravated break, enter and steal contravening s 112(2) of the Crimes Act 1900 (NSW) and two offences of robbery armed with a dangerous weapon, contravening s 97(2) of the Crimes Act. The offences took place over a matter of days, and involved partly different co-offenders, different victims and distinct conduct. The sentencing judge considered the break and enter offence to be in the mid-range of objective seriousness, while the two robberies were considered to be at the mid-range, and upper end of the mid-range respectively. Her Honour also referred to various subjective matters which were considered to be mitigating factors, including his childhood circumstances, his mental health and his youth. He was sentenced to an aggregate term of imprisonment of 5 years and 10 months, with a non-parole period of 3 years and 6 months. The indicative sentences for the offences were 2 years and 9 months for the aggravated break and enter offence, and 4 years and 9 months, and 5 years and 2 months, respectively, for the armed robbery…

Continue reading R v Flanagan

Sign in free to access the full text

Details
AGLC
R v Flanagan [2024] NSWCCA 249
Case
[2024] NSWCCA 249
Decision Date

CaseChat Overview and Summary

The appeal in R v Flanagan involved the respondent, Flanagan, who was sentenced for multiple criminal offences. The Crown sought to appeal the sentence imposed by the lower court, arguing that it was manifestly inadequate. The appeal was heard by the court of appeal. The central legal issue before the court was whether the aggregate sentence imposed on Flanagan reflected the totality of his criminality. The Crown contended that the sentence did not adequately reflect the seriousness of the crimes committed.

The court examined the nature and circumstances of the offences, as well as the principles of sentencing. It considered the appropriate aggregate sentence and whether the totality of Flanagan's criminal conduct was adequately reflected in the sentence imposed. The court held that while the individual sentences might be appropriate for the respective offences, the aggregate sentence did not fully capture the overall criminality. However, the court found that the aggregate sentence was not so manifestly inadequate as to warrant interference. The totality principle was acknowledged, but the court determined that the sentence, when considered as a whole, adequately reflected the gravity of the crimes.

In dismissing the appeal, the court emphasised that while the aggregate sentence might not perfectly align with the totality of the criminality, it was not so manifestly inadequate as to justify appellate intervention. The court concluded that the aggregate sentence, when viewed in its entirety, appropriately reflected the seriousness of Flanagan's criminal conduct. The appeal was dismissed, and the original sentence was upheld.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.