Court of Criminal Appeal
Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Obbens [2022] NSWCCA 109 Hearing dates: 13 May 2022 Date of orders: 13 May 2022 Decision date: 27 May 2022 Before: Basten AJA at [1];
Hamill and Dhanji JJ at [5].Decision: Dismiss the Director’s appeal against the sentence imposed on William John Obbens in the District Court on 23 February 2022.
Catchwords: CRIMINAL LAW – prosecution appeal – asserted inadequacy of sentence – totality – delay in sentencing – community corrections order – where respondent served earlier gaol sentences for similar offending against children – offences committed at around the same time – rehabilitation – lengthy period of non-offending – whether sentence of imprisonment only alternative – where previous sentence fully served – where additional punishment would have been appropriate had offences been dealt with at the same time – not necessary to “reverse engineer” earlier sentence – correct approach to totality – sentence not inadequate
Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW),
ss 5(1), 8, 25AA(3), 33, 87, 88Cases Cited: Boulton v R (2014) 46 VR 308; [2004] VSCA 342
Cahyadi v The Queen [2007] NSWCCA 1; (2007) 168 A Crim R 41
Franklin v R [2013] NSWCCA 122
Johnson v The Queen (2004) 78 ALJR 616; [2004] HCA 15
McIntosh v R [2015] NSWCCA 184
Mill v The Queen (1988) 166 CLR 59; [1988] HCA 70
R v Cattell [2019] NSWCCA 297; (2019) 280 A Crim R 502
R v Hall [2017] NSWCCA 313; (2017) 271 A Crim R 162
R v MMK [2006] NSWCCA 272; (2006) 164 A Crim R 481
R v Todd [1982] 2 NSWLR 517
Category: Principal judgment Parties: Regina (Appellant)
William John Obbens (Respondent)Representation: Counsel:
Solicitors:
M England, E Curran (Appellant)
P Tehan QC, P Skinner (Respondent)
Solicitor for Public Prosecutions (NSW) (Appellant)
Law Partners Australia Pty Ltd (Respondent)
File Number(s): 2021/00048215 Publication restriction: Pursuant to section 15A of the Children (Criminal Proceedings) Act 1987 (NSW), publication of the names of, or any matter which could identify, the victim and also the victims from previous proceedings who are referenced in the sentencing judgment is prohibited. Decision under appeal
- Court or tribunal:
- District Court of New South Wales
- Jurisdiction:
- Criminal
- Citation:
- Date of Decision:
- 23 February 2022
- Before:
- M L Williams SC DCJ
- File Number(s):
- 2021/00048215
Judgment
-
BASTEN AJA: On 13 May 2022, the Court heard an appeal by the Director of Public Prosecutions against the inadequacy of a sentence imposed on the respondent in the District Court on 23 February 2022. Orders were made at the hearing dismissing the appeal.
-
I agree with the joint reasons. I would add the following observations.
-
If the…
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- AGLC
- R v Obbens [2022] NSWCCA 109
- Case
- [2022] NSWCCA 109
- Decision Date
CaseChat Overview and Summary
The court considered the principle of totality, which requires that a sentence for multiple offences should be considered as a whole rather than as individual sentences for each offence. The court also examined whether the sentence adequately reflected the delay in sentencing and the respondent's prior offending history. It was noted that the respondent had served earlier gaol sentences for similar offences committed around the same time, followed by a lengthy period of non-offending. The court emphasised that the sentence of imprisonment was not the only alternative and that the respondent had already fully served the previous sentence. The court concluded that the sentence imposed was appropriate, taking into account the respondent's rehabilitation and the need for additional punishment.
The court held that the sentence imposed on the respondent was not inadequate. It was not necessary to "reverse engineer" the earlier sentence, and the correct approach to totality was applied. The court also found that the delay in sentencing and the respondent's prior offending history were adequately considered. The appeal was dismissed, and the original sentence was upheld.
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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