Court of Criminal Appeal
Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Hetherington [2016] NSWCCA 165 Hearing dates: 1 August 2016 Decision date: 22 August 2016 Before: Hoeben CJ at CL at [1]
Button J at [2]
N Adams J at [105]Decision: (1) Appeal allowed.
(2) The sentence imposed in the District Court on 6 May 2016 is quashed.
(3) The respondent, Paul Hetherington, is sentenced to a non-parole period of 1 year and 6 months to date from 6 May 2016. That will be followed by a parole period of 1 year and 6 months, which will expire on 5 May 2019.Catchwords: CRIMINAL LAW – Crown appeal against sentence – armed robbery with a dangerous weapon – handgun – whether objective gravity of offence was at the lower end of the range of seriousness – whether the sentencing judge erred in use of sentencing statistics and comparable cases – whether it was open to find exceptional circumstances – whether sentence was manifestly inadequate – appeal allowed – respondent resentenced Legislation Cited: Crimes Act 1900 (NSW), ss 94, 97(1), 97(2)
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 5, 50(1)
Firearms Act 1996 (NSW), ss 4, 4D
Weapons Prohibition Act 1998 (NSW), Sch 1Cases Cited: Bao v R [2016] NSWCCA 16
EF v R [2015] NSWCCA 3
Mulato v Regina [2006] NSWCCA 282
R v Henry [1999] NSWCCA 111; 46 NSWLR 346
R v Readman (1990) 47 A Crim R 181Category: Principal judgment Parties: Regina
Paul HetheringtonRepresentation: Counsel:
Solicitors:
D Kell with M Pulsford (Appellant)
A Francis with A Chhabra (Respondent)
C Hyland – Solicitor for Public Prosecutions
S Eccleshall – Legal Aid New South Wales
File Number(s): 2014/211883 Decision under appeal
- Court or tribunal:
- District Court of New South Wales
- Jurisdiction:
- Criminal
- Date of Decision:
- 6 May 2016
- Before:
- M L Williams SC DCJ
- File Number(s):
- 2014/211883
Judgment
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HOEBEN CJ at CL: I agree with Button J and the orders which he proposes.
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BUTTON J: This is a Crown appeal against a sentence imposed by his Honour Judge Williams in the District Court of New South Wales at Sydney on 6 May 2016. The charge of which Mr Paul Hetherington (the respondent) was convicted was that on 17 July 2014 at Blacktown he committed a robbery armed with a dangerous weapon; namely, a firearm. The sentence imposed was an intensive correction order (ICO) of 2 years to commence on 6 May 2016.
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The offence of armed robbery with a dangerous weapon appears in s 97(2) of the Crimes Act 1900 (NSW) and carries a maximum penalty of imprisonment for 25 years, and no standard non-parole period. It is, of course, an aggravated version of the offence of armed robbery that appears in s 97(1) of the Crimes Act (which carries a maximum penalty of imprisonment for 20 years). That offence is in turn an aggravated version of the offence of robbery simpliciter (which is contained in s 94 of the
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- AGLC
- R v Hetherington [2016] NSWCCA 165
- Case
- [2016] NSWCCA 165
- Decision Date
CaseChat Overview and Summary
The court examined the nature and gravity of the offence, considering the use of a dangerous weapon in the commission of the crime. The Court of Appeal assessed the sentencing judge's reliance on sentencing statistics and comparable cases, and whether these were appropriately applied. The court also considered whether there were exceptional circumstances that warranted a different sentence, and whether the sentence imposed was manifestly inadequate in light of the seriousness of the offence.
After careful consideration, the Court of Appeal found that the sentencing judge had erred in the application of sentencing statistics and comparable cases. The court held that the objective gravity of the offence was not at the lower end of the range of seriousness, and that exceptional circumstances did not exist to warrant a different sentence. Consequently, the Court of Appeal allowed the Crown's appeal, finding the sentence manifestly inadequate. The case was remitted to the sentencing court for re-sentencing.
The Court of Appeal's decision led to the re-sentencing of the respondent, as the original sentence was deemed insufficient given the severity of the crime. This case underscores the importance of accurately assessing the gravity of an offence and correctly applying sentencing principles to ensure that sentences are proportionate to the crimes committed.
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
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Ratio Decidendi
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