Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
- Amendment notes
Medium Neutral Citation: R v Hill [2020] NSWCCA 197 Hearing dates: 13 July 2020 Date of orders: 10 August 2020 Decision date: 10 August 2020 Before: Price J at [1];
Garling J at [124];
Wright J at [125]Decision: Crown appeal dismissed
Catchwords: CRIMINAL LAW – Crown appeal – whether aggregate sentence manifestly inadequate – pleas of guilty to aggravated kidnapping, aggravated sexual assault and possession of child abuse material – whether undiscounted starting points of indicative sentences failed to reflect findings of objective seriousness – whether reference by judge as to offending being in worst case category was inconsistent with individual assessments of objective seriousness – consideration of respondent’s subjective case – consideration of respondent’s offences – whether failure to adequately accumulate sentences – appeal dismissed
Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A, 53A
Crimes Act 1900 (NSW), ss 61J(2)(b), 86(2), 91H, 578A
Criminal Appeal Act 1912 (NSW), s 5D
Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37; 87 ALJR 1022; 302 ALR 192; 229 A Crim R 337
Director of Public Prosecutions(Cth) v Beattie [2017] NSWCCA 301; 270 A Crim R 556; 327 FLR 71
Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194; 273 ALR 324; 205 A Crim R 1; 243 FLR 28
Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45; 85 ALJR 195; 272 ALR 465; 204 A Crim R 434; 78 ATR 11
JM v R [2014] NSWCCA 297; 246 A Crim R 528
Kerr v R [2016] NSWCCA 218; 78 MVR 191
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25; 79 ALJR 1048; 215 ALR 213
Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39; 85 ALJR 1154; 281 ALR 652; 212 A Crim R 254
Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221; 350 ALR 103
Pearce v the Queen (1998) 194 CLR 610; [1998] HCA 57; 72 ALJR 1416; 156 ALR 684; 103 A Crim R 372
R v AJP [2004] NSWCCA 434; 150 A Crim R 575
R v Kilic (2016) 259 CLR 256; [2016] HCA 48; 91 ALJR 131; 339 ALR 30; 264 A Crim R 315
R v Pham (2015) 256 CLR 550; [2015] HCA 39; 90 ALJR 13; 325 ALR 400; 244 A Crim R 280
The Director of Public Prosecutions v Dalgliesh (a pseudonym) (2017) 262 CLR 428; [2017] HCA 41; 91 ALJR 1063; 349 ALR 37
Continue reading R v Hill
Sign in free to access the full text
- AGLC
- R v Hill [2020] NSWCCA 197
- Case
- [2020] NSWCCA 197
- Decision Date
CaseChat Overview and Summary
The court reviewed the sentencing principles and the objective seriousness of the respondent's offences, taking into account the severity and nature of the crimes. It found that the trial judge's assessment of the objective seriousness of each offence was appropriate, and the undiscounted starting points accurately reflected these assessments. The court further examined whether the failure to adequately accumulate the sentences constituted a significant error, but ultimately concluded that the aggregate sentence was not manifestly inadequate. The appeal was dismissed, affirming the trial judge's sentencing decision.
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.