Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: R v Reid [2016] NSWCCA 151 Hearing dates: 22 July 2016 Date of orders: 04 August 2016 Decision date: 04 August 2016 Before: Hoeben CJ at CL at [1]
R A Hulme J at [56]
N Adams J at [57]Decision: Crown appeal under s 5D dismissed.
Catchwords: CRIMINAL LAW – Crown appeal against sentence – doing an act with intent to pervert the course of justice – participating in the preparation of a false alibi and statement – s 9 bond imposed – whether sentence manifestly inadequate – Crown case consisting mainly of telephone intercepts – respondent an active participant in offence – respondent gave evidence in sentence proceedings – strong subjective case – sentence manifestly inadequate – residual discretion – custodial sentence would seriously interfere with respondent’s rehabilitation – Crown appeal dismissed. Legislation Cited: Crimes Act 1900 (NSW) – s 319
Crimes (Sentencing Procedure) Act 1999 (NSW) – ss 5(1), 9, 21A(2)
Criminal Appeal Act 1912 (NSW) – s 5DCases Cited: CMB v Attorney General for NSW [2015] HCA 9; 89 ALJR 407
Khoury v R [2011] NSWCCA 118
Marinellis v Regina [2006] NSWCCA 307
R v Fahda [2013] NSWCCA 86
Regina v Giang [2001] NSWCCA 276Category: Principal judgment Parties: Regina – Applicant Crown
Aaron Joseph Reid - RespondentRepresentation: Counsel:
Solicitors:
Mr P Ingram – Applicant Crown
Mr S Healy - Respondent
Solicitor for Public Prosecutions – Applicant Crown
C Hill - Respondent
File Number(s): 2015/226602 Decision under appeal
- Court or tribunal:
- District Court of NSW
- Jurisdiction:
- Criminal
- Date of Decision:
- 8 March 2016
- Before:
- Baly SC DCJ
- File Number(s):
- 2015/226602
Judgment
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HOEBEN CJ at CL:
Offences and sentence
The respondent was charged that between 10 August 2014 and 3 September 2014 he did an act with intent to pervert the course of justice contrary to s 319 of the Crimes Act 1900 (NSW) for which the maximum penalty is imprisonment for 14 years.
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The respondent came before her Honour Judge Baly SC DCJ for sentence in the District Court at Orange on 8 March 2016. Her Honour sentenced the respondent to a good behaviour bond pursuant to s 9 of the Crimes (Sentencing Procedure) Act 1999 (NSW) for 2 years and 6 months.
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A Notice of Appeal, signed by the Director of Public Prosecutions on 21 March 2016, was served upon the respondent on 23 March 2016. The Director of Public Prosecutions now appeals pursuant to s 5D of the Criminal Appeal Act 1912 (NSW) against that sentence.
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The grounds of appeal are as follows:
Ground 1 – The sentencing judge erred by taking into account the respondent’s moral culpability when assessing the objective seriousness of the offence.
Ground 2 – The sentencing judge erred by assessing the objective seriousness of the offence as falling within the low range.
Ground 3 – The sentence pronounced was manifestly inadequate.
Factual Background
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The respondent was a close associate of Mark Gunderson (Gunderson) who…
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- AGLC
- R v Reid [2016] NSWCCA 151
- Case
- [2016] NSWCCA 151
- Decision Date
CaseChat Overview and Summary
The central legal issues addressed by the court were whether the sentence imposed was manifestly inadequate and whether the respondent's active participation in the offence justified a harsher penalty. The court needed to consider the subjective case presented by the Crown, which primarily relied on telephone intercepts, and the respondent's involvement in the offence. Additionally, the court had to weigh the potential impact of a custodial sentence on the respondent's rehabilitation.
The appellate court found that the Crown had presented a strong subjective case against the respondent, who was an active participant in the offence. Despite this, the court concluded that the sentence was not manifestly inadequate. The court reasoned that while a custodial sentence would have serious implications for the respondent's rehabilitation, it was not necessary to impose one given the circumstances of the case. The residual discretion of the court was exercised to maintain the original sentence, and the Crown's appeal was dismissed.
The final orders of the court were that the original sentence imposed on the respondent would stand, and no further appeal would be entertained in relation to the sentence.
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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