R v Newman

Case [2022] NSWCCA 218


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: R v Newman [2022] NSWCCA 218
Hearing dates: 15 August 2022
Date of orders: 5 October 2022
Decision date: 05 October 2022
Before: Ward P at [1]; Davies J at [91]; Fagan J at [92]
Decision:

1.   Refuse leave to appeal against sentence.

Catchwords:

CRIME — Appeals — Application for leave to appeal against sentence — Sole ground of proposed appeal manifest excess — Where the applicant was sentenced to five years and six months imprisonment for a number of drug related offences — Whether the sentencing judge wrongly focused on the applicant’s significant assets as opposed to the applicant’s subjective circumstances

APPEAL — Leave to appeal — Principles governing

Legislation Cited:

Confiscation and Proceeds of Crimes Act 1989 (NSW), ss 18(1), 29(1)

Crimes (Sentencing Procedure) Act 1999 (NSW), sp 53A(2)

Crimes Act 1900 (NSW), ss 193B, 193C

Criminal Appeal Act 1912 (NSW), ss 5(1), 6(3)

Drug Misuse and Trafficking Act 1985 (NSW), ss 25 and 25A

Cases Cited:

Abousleiman v R [2021] NSWCCA 110

Barnes v R [2022] NSWCCA 140

Betts v The Queen (2016) 258 CLR 420; [2016] HCA 25

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

Burke v R [2022] NSWCCA 6

Connell v R [2020] NSWCCA 352

Dinsdale v The Queen (2002) 202 CLR 321; [2000] HCA 54

Fayd’herbe v R [2007] NSWCCA 20

Hanna v R [2015] NSWCCA 326

He v Sun (2021) 104 NSWLR 518; [2021] NSWCA 95

Hordern v R [2019] NSWCCA 210

JJ v R [2020] NSWCCA 165

Khoury v R (2011) 209 A Crim R 509; [2011] NSWCCA 118

Knight v R [2015] NSWCCA 222

Linden v R [2017] NSWCCA 321

Mansour v R; Hughes v R [2013] NSWCCA 35

Markarian v R (2005) 228 CLR 357; [2005] HCA 25

Morgan v R (1993) 70 A Crim R 368

O’Neile v R [2018] NSWCCA 291

Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221

Osman v R [2008] NSWCCA 157

Papworth v R [2011] NSWCCA 253

Parente v R (2017) 96 NSWLR 633; [2017] NSWCCA 284

Pearce v The Queen (1998) 194 CLR 610; [1998] HCA 57

R v Amoroso [2021] NSWDC 393

R v CBK (2002) 135 A Crim R 260; [2002] NSWCCA 457

R v Cheikh; R v Hoete [2004] NSWCCA 448

R v Chidiac [2015] NSWCCA 241

R v Elemes [2000] NSWCCA 235

R v Wong [2018] NSWCCA 20

R v Younan [2018] NSWCCA 180

Ragg v R [2022] NSWCCA 150

Robertson v R [2017] NSWCCA 205

Skocic v R [2014] NSWCCA 225

TC v R [2016] NSWCCA 3

The Queen v Pham (2015) 256 CLR 550; [2015] HCA 39

The Queen v Woodley [2020] NSWDC 664

Vandeventer v R [2013] NSWCCA 33

Windle v R [2011] NSWCCA 277

Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64

Category:Principal judgment
Parties: Matthew John Newman (Applicant)
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AGLC
R v Newman [2022] NSWCCA 218
Case
[2022] NSWCCA 218
Decision Date

CaseChat Overview and Summary

The appellant, Newman, was convicted of various drug-related offences and sentenced to five years and six months imprisonment. He appealed against his sentence, seeking leave to appeal on the ground that the sentencing judge had wrongly focused on his significant assets rather than his subjective circumstances. The appeal was heard in the Court of Appeal. The primary legal issue was whether the sentencing judge erred by placing undue emphasis on the appellant's financial status, rather than his personal circumstances, when determining the appropriate sentence. The court had to determine whether the sentence imposed was manifestly excessive, and if the sentencing judge had failed to consider the appropriate factors in arriving at the sentence.

The court considered the principles governing the assessment of manifest excess in sentencing and the relevant statutory and case law. It examined whether the sentencing judge had taken into account all relevant factors in imposing the sentence, including the appellant's personal circumstances, the nature and circumstances of the offence, and the need for deterrence and rehabilitation. The court found that the sentencing judge had appropriately considered the appellant's personal circumstances, including his background and the circumstances of the offence, and had not erred in considering his financial status. The court concluded that the sentence imposed was not manifestly excessive and that the sentencing judge had not failed to consider the appropriate factors. The appeal against sentence was dismissed, and leave to appeal was refused.

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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