Lloyd v R
[2022] NSWCCA 18
Para 77
…n respect of there being no oral evidence from the offender or members of his family I note the decision of the Court of Criminal Appeal in Lloyd v R [2022] NSWCCA 18. In this matter there was no objection to the tender of the reports nor did the Crown require any of the authors of the reports for cross-examination…
R v ROK
[2021] NSWDC 448
Para 99
…I note my own decision in the matter of R v ROK [2021] NSWDC 448. The offender was sentenced in respect of three counts contrary to s 66A and one count of Sexual Touching of a child between 10 and 16 years. An aggregate sentence of 4 years with a non-parole period of 2 years was imposed. The offender was 15 at the…
LS v R
[2020] NSWCCA 120
Para 92
…regard to the authorities such as Hili & Jones v The Queen [2010] HCA 45 and Brown v R [2014] NSWCCA 215 at [81] per Garling J. I note that in LS v R [2020] NSWCCA 120 Rothman J said at [92] that , “..the use of statistics can be a self-fulfilling limitation”.…
Strbak v The Queen
[2020] HCA 10
Para 20
…In Strbak v The Queen (2020) 94 ALJR 374; [2020] HCA 10 the Court (Kiefel CJ, Bell, Keane, Nettle & Edelman JJ) said at [13] (footnotes omitted):…
R v KL
[2019] NSWDC 731
Para 98
…The other decision that has been published is R v KL [2019] NSWDC 731. The offender was 16 and the victim was 7. The offending involved penile/vagina intercourse and digital intercourse on separate occasions on the one day. The learned sentencing judge concluded that the penile/vaginal intercourse was “well into th…
R v DT
[2019] NSWDC 673
Para 96
…The matter of R v DT [2019] NSWDC 673 involved an offender who was 16 to 17 years of age and therefore several years older than the matter presently under consideration the victim was nine or 10 years of age. The victim was in the bathroom, the offender entered and told her to get on her knees. The offender pulled…
BM v R
[2019] NSWCCA 223
Para 26
…s regard I note the decisions of R v AA [2017] NSWCCA 84 at [55] per Beech-Jones J (as his Honour then was) (Leeming JA, Hulme J agreeing) and BM v R [2019] NSWCCA 223 at [16]-[17]. It is obvious from those decisions that the age of the offender at the time of the offending is a factor that goes beyond being merely…
Tepania v The Queen
[2018] NSWCCA 247
Para 75
…the submission at paragraph 48 of the Crown’s written submissions that there is no such causal connection. I also note the decision of Tepania v R [2018] NSWCCA 247 at [112] and [119] per Johnson J. This issue also impacts on the finding as to the seriousness of the offending.…
R v AA
[2017] NSWCCA 84
Para 26
…The age of the offender is a relevant matter when determining the objective seriousness of the matter. In this regard I note the decisions of R v AA [2017] NSWCCA 84 at [55] per Beech-Jones J (as his Honour then was) (Leeming JA, Hulme J agreeing) and BM v R [2019] NSWCCA 223 at [16]-[17]. It is obvious from those…
Filippou v The Queen
[2015] HCA 29
…s (Sentencing Procedure) Act 1999 Cases Cited: BM v R [2019] NSWCCA 223 BP v R (2010) 201 A Crim R 379; [2010] NSWCCA 159 Brown v R [2014] NSWCCA 215 Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29 Hili & Jones v The Queen [2010] HCA 45 Jolly v R [2013] NSWCCA 76 Lloyd [2022] NSWCCA 18 LS v R [2020] NSWCCA 120 Markarian…
R v Tuala
[2015] NSWCCA 8
Para 53
…, appropriately, does not rely on the content of the victim impact statement to establish any factor of aggravation. I note the decision in R v Tuala [2015] NSWCCA 8. The effect of the offending on the victim is taken into account by giving proper effect to s 3A(g) of the Crimes (Sentencing Procedure) Act .…
Brown v R
[2014] NSWCCA 215
Para 92
…ticularly noting the limited numerical sample. I note and have regard to the authorities such as Hili & Jones v The Queen [2010] HCA 45 and Brown v R [2014] NSWCCA 215 at [81] per Garling J. I note that in LS v R [2020] NSWCCA 120 Rothman J said at [92] that , “..the use of statistics can be a self-fulfilling limita…
R v BA
[2014] NSWCCA 148
Para 31
…McCallum J (as her Honour then was) (Gleeson JA agreeing with additional comments, Fullerton J agreeing) in R v BA [2014] NSWCCA 148 at [37] observed that, “…Each case must be assessed according to its own circumstances”.…
R v Gavel
[2014] NSWCCA 56
Para 30
…The Court (Leeming JA, Johnson & Hall JJ) said in R v Gavel [2014] NSWCCA 56 at [97]:…
Jolly v R
[2013] NSWCCA 76
Para 29
…In Jolly v R [2013] NSWCCA 76 Bellew J (Hoeben CJ at CL, Slattery J agreeing) said at [72]:…
Hili v The Queen
[2010] HCA 45
Para 92
…tions of the statistics, particularly noting the limited numerical sample. I note and have regard to the authorities such as Hili & Jones v The Queen [2010] HCA 45 and Brown v R [2014] NSWCCA 215 at [81] per Garling J. I note that in LS v R [2020] NSWCCA 120 Rothman J said at [92] that , “..the use of statistics…
BP v R
[2010] NSWCCA 159
Para 49
…I also note the effect of and have regard to the decision of BP v R (2010) 201 A Crim R 379; [2010] NSWCCA 159. I also note and have regard to the decision of Thammavongsa v R (2015) 251 A Crim R 342 especially at [84]-[90] per Bellew J (Simpson J (as her Honour then was) and Hulme J agreeing, both with additional c…
R v King
[2009] NSWCCA 117
Para 36
…tercourse which occurs in offending of this nature should not be considered in isolation, and then ranked in some form of hierarchy (see R v King [2009] NSWCCA 117 at [36] per McClellan CJ at CL).…
TM v R
[2008] NSWCCA 158
Para 33
…es to the offending, this may be seen as mitigating culpability and thus as reducing what is suggested by considerations of retribution: see TM v R [2008] NSWCCA 158 at [33] - [36]. [5] Second, while I agree with the statements in KT at [26] that the weight to be given to considerations relevant to a person's youth…
KT v R
[2008] NSWCCA 51
Para 48
…ncing process are not overlooked merely because the offender is a juvenile, particularly where the offending is serious. McClellan CJ at CL in R v KT [2008] NSWCCA 51 at [21]-[26] succinctly summarised the authorities relating to sentencing juvenile offenders. His Honour was in dissent on the ultimate issue, howeve…
R v PGM
[2006] NSWCCA 310
Para 32
…Fullerton J in her judgment in R v PGM [2006] NSWCCA 310 at [36] cites with apparent approval Kirby J in MLP v R (2006) 164 A Crim R 93 at [22], in that:…
R v E
[2006] NSWCCA 305
…dulthood, and may not be fully developed until the early to mid twenties: see R v Slade [2005] 2 NZLR 526 at [43], quoted by Kirby J in R v Elliott [2006] NSWCCA 305; (2006) 68 NSWLR 1 at 27 [127]. As shown by R v Hearne [2001] NSWCCA 37; (2001) 124 A Crim R 451, youth may be a material factor in sentencing even a 1…
Elyard v R
[2006] NSWCCA 43
Para 33
…gh the factor of statutory aggravation is made out it does not achieve any further weight. In this regard see the judgment of Howie J in R v Elyard [2006] NSWCCA 43 especially at [39].…
MS2 v The Queen
[2005] NSWCCA 397
Para 61
…the criminality involved will be less than if the same offence was committed by an adult. ( Hearne at [25]; MS2 v The Queen (2005) 158 A Crim R 93; [2005] NSWCCA 397 at [61]). [24] Although accepted to be of less significance than when sentencing adults, considerations of general deterrence and retribution cannot be…
Markarian v The Queen
[2005] HCA 25
Para 105
…I have referred to this earlier in these reasons. Mr King reminded the court of the decision of the High Court of Australia in Markarian v The Queen (2006) 228 CLR 357 and continued with the submission that the court has a very wide discretion to make findings. While the court has a wide discretion nevertheless the…
R v AJP
[2004] NSWCCA 434
Para 28
…Further, by way of general principle, Simpson J (as her Honour then was) said in R v AJP (2004) 150 A Crim R 575; [2004] NSWCCA 434 at [24]:…
R v Hoang
[2003] NSWCCA 380
Para 45
…] The weight to be given to considerations relevant to a person's youth diminishes the closer the offender approaches the age of maturity ( R v Hoang [2003] NSWCCA 380 at [45]). A 'child-offender' of almost eighteen years of age cannot expect to be treated substantially differently from an offender who is just over…
R v Voss
[2003] NSWCCA 182
Para 31
…[23]; R v LC [2001] NSWCCA 175 at [48]; R v AEM Snr, KEM and MM [2002] NSWCCA 58 at [96]-[98]; R v Adamson (2002) 132 A Crim R 511 at [31]; R v Voss [2003] NSWCCA 182 at [16]). In determining whether a young offender has engaged in "adult behaviour" ( Voss at [14]), the court will look to various matters including…
Re Attorney-General's Application (No 1 of 2002) (NSW)
[2002] NSWCCA 518
Para 3
…Under s 37 of the Crimes (Sentencing Procedure) Act, 1999 No. 1 of 2002 , otherwise known as the Guideline Judgment on Form 1 matters, reported at (2002) 56 NSWLR 146.…
R v Adamson
[2002] NSWCCA 349
Para 30
…in R v GDP (1991) 53 A Crim R 112 at 115-116 (NSWCCA), R v E (a child) (1993) 66 A Crim R 14 at 28 (WACCA) and R v Adamson (2002) 132 A Crim R 511; [2002] NSWCCA 349 at [30]. [23] The law recognises the potential for the cognitive, emotional and/or psychological immaturity of a young person to contribute to their br…
R v AEM
[2002] NSWCCA 58
Para 48
…, Hunt CJ at CL; R v Tran [1999] NSWCCA 109 at [9]-[10]; R v TJP [1999] NSWCCA 408 at [23]; R v LC [2001] NSWCCA 175 at [48]; R v AEM Snr, KEM and MM [2002] NSWCCA 58 at [96]-[98]; R v Adamson (2002) 132 A Crim R 511 at [31]; R v Voss [2003] NSWCCA 182 at [16]). In determining whether a young offender has engaged i…
R v LC
[2001] NSWCCA 175
Para 23
…vity ( R v Bus, unreported, NSWCCA, 3 November 1995, Hunt CJ at CL; R v Tran [1999] NSWCCA 109 at [9]-[10]; R v TJP [1999] NSWCCA 408 at [23]; R v LC [2001] NSWCCA 175 at [48]; R v AEM Snr, KEM and MM [2002] NSWCCA 58 at [96]-[98]; R v Adamson (2002) 132 A Crim R 511 at [31]; R v Voss [2003] NSWCCA 182 at [16]). In…
R v Hearne
[2001] NSWCCA 37
Para 25
…ch of the law. Accordingly, allowance will be made for an offender's youth and not just their biological age. ( R v Hearne (2001) 124 A Crim R 451; [2001] NSWCCA 37 at [25]). The weight to be given to the fact of the offender's youth does not vary depending upon the seriousness of the offence ( Hearne at [24]). Whe…
R v TJP
[1999] NSWCCA 408
Para 9
…me of violence or considerable gravity ( R v Bus, unreported, NSWCCA, 3 November 1995, Hunt CJ at CL; R v Tran [1999] NSWCCA 109 at [9]-[10]; R v TJP [1999] NSWCCA 408 at [23]; R v LC [2001] NSWCCA 175 at [48]; R v AEM Snr, KEM and MM [2002] NSWCCA 58 at [96]-[98]; R v Adamson (2002) 132 A Crim R 511 at [31]; R v Vo…
R v Olbrich
[1999] HCA 54
Para 17
…Gleeson CJ, Gaudron, Hayne & Callinan JJ in The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54 at [27] said:…
R v Tran
[1999] NSWCCA 109
Para 9
…him or herself and has committed a crime of violence or considerable gravity ( R v Bus, unreported, NSWCCA, 3 November 1995, Hunt CJ at CL; R v Tran [1999] NSWCCA 109 at [9]-[10]; R v TJP [1999] NSWCCA 408 at [23]; R v LC [2001] NSWCCA 175 at [48]; R v AEM Snr, KEM and MM [2002] NSWCCA 58 at [96]-[98]; R v Adamson…
Kable v Director of Public Prosecutions
[1995] NSWCA 226
…ncing process does not achieve justice, it should be put aside. As I have elsewhere said, if justice is not individual it is nothing: Kable v DPP (1995) 36 NSWLR 374 at 394.…
The Queen v Olbrich
[1999] HCA 5418
Para 17
…Gleeson CJ, Gaudron, Hayne & Callinan JJ in The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54 at [27] said:…
[2005] 2 NZLR 526
[2005] 2 NZLR 526
Para 43
…control develop progressively during adolescence and early adulthood, and may not be fully developed until the early to mid twenties: see R v Slade [2005] 2 NZLR 526 at [43], quoted by Kirby J in R v Elliott [2006] NSWCCA 305; (2006) 68 NSWLR 1 at 27 [127]. As shown by R v Hearne [2001] NSWCCA 37; (2001) 124 A Crim…