R v White
[2025] NSWCCA 111
Para 25
…iding this Court on the hearing of a sentence appeal were considered at length in my judgment (with which Payne JA and N Adams J agreed) in R v White [2025] NSWCCA 111 at [20]-[22] ( White ). The particular principles relating to Crown appeals and the existence and exercise of the residual discretion were considered…
R v Thompson
[2025] NSWSC 419
Para 11
…he victim’s family and friends is profound, and was appropriately and sensitively expressed by Weinstein J ( the Sentencing Judge ): R v Thompson [2025] NSWSC 419 ( the Sentencing Judgment or SJ ). I echo that sympathy.…
R v Zafar
[2024] NSWSC 1639
Para 4
…in R v Zafar [2024] NSWSC 1639, a pre-discounted sentence of 23 years and 11 months was imposed on an offender who was 20 years old at the time of his murder of his female intimate partner against a background of domestic violence and while he was subject to an ADVO taken out for protection of the victim’s father. T…
R v Tammajanta
[2024] NSWSC 1180
Para 7
…In R v Tammajanta [2024] NSWSC 1180 ( Tammajanta ), N Adams J would have imposed a head sentence of 26 years before application of a 10% discount for a guilty plea to what her Honour described as the offender’s “brutal murder of his intimate partner”: at [5]. The relationship involved “some history of violence” with…
R v He
[2024] NSWSC 417
Para 5
…in R v He [2024] NSWSC 417, the offender was a 24 year old who had been in a 2 year relationship with the victim marked by coercive control and violence with evidence that he wanted to be rid of the victim before her murder. There was intent to kill and the attack involved a hammer, two knives and 75 stab wounds to…
R v Tran
[2024] NSWSC 116
…CA 160; (2020) 284 A Crim R 87 R v Osenkowski (1982) 30 SASR 212; (1982) 5 A Crim R 394 R v Tammajanta [2024] NSWSC 1180 R v Tran [2024] NSWSC 116 R v White [2025] NSWCCA 111 R v Zafar [2024] NSWSC 1639 The Queen v Kilic (2016) 259 CLR 256; [2016] HCA 48 The Queen v Pham (2015) 256 CLR 550; [2015] HCA 39 Wong v The…
R v Hossain
[2023] NSWSC 1621
…3] NSWSC 535 R v Hamid [2006] NSWCCA 302; (2006) 164 A Crim R 179 R v He [2024] NSWSC 417 R v Homann [2018] NSWSC 757 R v Hossain [2023] NSWSC 1621 R v Knight [2023] NSWSC 321 R v Latu (No 3) [2019] NSWSC 951 R v Moodie [2020] NSWCCA 160; (2020) 284 A Crim R 87 R v Osenkowski (1982) 30 SASR 212; (1982) 5 A Crim R 39…
Elwood v The King
[2023] NSWCCA 200
…osecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Droudis v R (2020) 103 NSWLR 806; [2020] NSWCCA 322 Elwood v R [2023] NSWCCA 200 Green v The Queen (2011) 244 CLR 462; [2011] HCA 49 Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45 KT v The Queen [2008] NSWCCA 51; (2008) 182 A C…
R v Hachem
[2023] NSWSC 535
Para 1
…In R v Hachem [2023] NSWSC 535, a sentence of 24 years was imposed after trial in a case where there was a background of domestic violence where there had been numerous attempts by the victim to leave the offender, including moving interstate. The offender repeatedly waited outside victim’s house and took steps to…
R v Knight
[2023] NSWSC 321
Para 2
…In R v Knight [2023] NSWSC 321, the offender was the subject of an ADVO when the murder took place. A pre-discounted sentence of 23 years was imposed in circumstances where the victim was killed by a single stab wound to the back with a kitchen knife. There was a background of significant deprivation and considerab…
R v Dempsey
[2023] NSWSC 205
Para 3
…In R v Dempsey [2023] NSWSC 205, a pre-discounted sentence of 22 years was imposed where the victim was formerly in a de facto relationship with the offender, and the fatal attack occurred in the victim’s home, involving the use of one or two weapons to assault the victim, resulting in extensive injuries sustained…
R v Ahmed (No 2)
[2023] NSWSC 105
…alia (2013) 249 CLR 600; [2013] HCA 38 Pearce v R (1998) 194 CLR 610; [1998] HCA 57 Perkins v R [2018] NSWCCA 62 R v Ahmed (No 2) [2023] NSWSC 105 R v Baleinapuka [2022] NSWSC 485 R v Dempsey [2023] NSWSC 205 R v Devine (Supreme Court of Tasmania, 5 July 1993, unreported) R v Edigarov [2001] NSWCCA 436; (2001) 125…
R v Baleinapuka
[2022] NSWSC 485
…CA 38 Pearce v R (1998) 194 CLR 610; [1998] HCA 57 Perkins v R [2018] NSWCCA 62 R v Ahmed (No 2) [2023] NSWSC 105 R v Baleinapuka [2022] NSWSC 485 R v Dempsey [2023] NSWSC 205 R v Devine (Supreme Court of Tasmania, 5 July 1993, unreported) R v Edigarov [2001] NSWCCA 436; (2001) 125 A Crim R 551 R v Hachem [2023] NS…
McFarland v The Queen
[2021] NSWCCA 79
Para 40
…rative sentences to test the adequacy (or excessiveness) of any given sentence: see, for example, Merkel v R [2019] NSWCCA 212 at [80]; McFarland v R [2021] NSWCCA 79 at [57]-[58]; McLaren v R [2021] NSWCCA 12; (2021) 287 A Crim R 542 at [77]-[81]; Droudis v R (2020) 103 NSWLR 806; [2020] NSWCCA 322 at [130]; Perki…
McLaren v R
[2021] NSWCCA 12
Para 40
…xcessiveness) of any given sentence: see, for example, Merkel v R [2019] NSWCCA 212 at [80]; McFarland v R [2021] NSWCCA 79 at [57]-[58]; McLaren v R [2021] NSWCCA 12; (2021) 287 A Crim R 542 at [77]-[81]; Droudis v R (2020) 103 NSWLR 806; [2020] NSWCCA 322 at [130]; Perkins at [60]-[64]. These include that:…
Droudis v R
[2020] NSWCCA 322
Para 40
…]; McFarland v R [2021] NSWCCA 79 at [57]-[58]; McLaren v R [2021] NSWCCA 12; (2021) 287 A Crim R 542 at [77]-[81]; Droudis v R (2020) 103 NSWLR 806; [2020] NSWCCA 322 at [130]; Perkins at [60]-[64]. These include that:…
Yaman v R
[2020] NSWCCA 239
Para 6
…to mark society’s strong disapprobation of such conduct, and to reinforce the right of women to live unmolested by a former partner”: Yaman v R [2020] NSWCCA 239 at [131].…
Moodie v R
[2020] NSWCCA 160
Para 42
…As I endeavoured to point out in R v Moodie [2020] NSWCCA 160; (2020) 284 A Crim R 87 at [82]-[89], the process of comparison is nuanced and requires great care. It remains the fact, however, that “the proper and careful use of comparative sentences plays an important role in promoting consistency of sentencing, and…
Merkel v R
[2019] NSWCCA 212
Para 40
…l established caveats to the use of comparative sentences to test the adequacy (or excessiveness) of any given sentence: see, for example, Merkel v R [2019] NSWCCA 212 at [80]; McFarland v R [2021] NSWCCA 79 at [57]-[58]; McLaren v R [2021] NSWCCA 12; (2021) 287 A Crim R 542 at [77]-[81]; Droudis v R (2020) 103 NSWL…
R v Latu (No 3)
[2019] NSWSC 951
Para 48
…e sure, the Crown also pointed to other cases where a non-discounted sentence of greater than 25 years was imposed (see, for example, R v Latu (No 3) [2019] NSWSC 951 and R v Homann [2018] NSWSC 757 – a case in which there was no reduction to the sentence on account of diminished moral culpability). However, bare m…
Clarke-Jeffries v R
[2019] NSWCCA 56
Para 17
…s such as KT v The Queen [2008] NSWCCA 51; (2008) 182 A Crim R 571, BP v R [2010] NSWCCA 303, Miller v R [2015] NSWCCA 86 and Clarke-Jeffries v R [2019] NSWCCA 56, more emphasis must be put on an opportunity for him to rehabilitate than would be the case with an older, more mature offender, his Honour went on to ob…
Quinn v R
[2018] NSWCCA 297
…y protection when sentencing an offender who takes the life of a partner (or former partner) as it does with domestic violence generally: Quinn v R [2018] NSWCCA 297 per Hoeben CJ at CL. Further, the weight given to general deterrence in a case concerning domestic violence is substantial, notwithstanding an offender…
R v Homann
[2018] NSWSC 757
Para 48
…o other cases where a non-discounted sentence of greater than 25 years was imposed (see, for example, R v Latu (No 3) [2019] NSWSC 951 and R v Homann [2018] NSWSC 757 – a case in which there was no reduction to the sentence on account of diminished moral culpability). However, bare mathematical comparisons are of v…
Perkins v R
[2018] NSWCCA 62
Para 10
…ence between parents or themselves having been the subject of domestic violence in the family context or both. As Fullerton J remarked in Perkins v R [2018] NSWCCA 62 at [99] ( Perkins ):…
R v Kilic
[2016] HCA 48
Para 5
…ing practices for this category of offence because of changes in societal attitudes to domestic relations”: The Queen v Kilic (2016) 259 CLR 256; [2016] HCA 48 at [21].…
R v Pham
[2015] HCA 39
…Tran [2024] NSWSC 116 R v White [2025] NSWCCA 111 R v Zafar [2024] NSWSC 1639 The Queen v Kilic (2016) 259 CLR 256; [2016] HCA 48 The Queen v Pham (2015) 256 CLR 550; [2015] HCA 39 Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64 Yaman v R [2020] NSWCCA 239 Texts Cited: Campbell, E et al, “Unlocking the Prevention Poten…
Miller v R
[2015] NSWCCA 86
Para 17
…the law and that, in line with authorities such as KT v The Queen [2008] NSWCCA 51; (2008) 182 A Crim R 571, BP v R [2010] NSWCCA 303, Miller v R [2015] NSWCCA 86 and Clarke-Jeffries v R [2019] NSWCCA 56, more emphasis must be put on an opportunity for him to rehabilitate than would be the case with an older, more…
CMB v Attorney-General (NSW)
[2015] HCA 9
Para 53
…the kind described in cases such as Green v The Queen (2011) 244 CLR 462; [2011] HCA 49 at [42] and CMB v Attorney General (NSW) (2015) 256 CLR 346; [2015] HCA 9 nor was it a decision that exposed inconsistency in sentencing patterns that required correction by this Court.…
Munda v Western Australia
[2013] HCA 38
Para 4
…In 2013, the High Court addressed the issue of domestic violence in Munda v Western Australia (2013) 249 CLR 600; [2013] HCA 38 at [54]-[55] in which the plurality observed:…
Bugmy v The Queen
[2013] HCA 37
Para 29
…ct sentence for an offender and an offence: Pearce v R (1998) 194 CLR 610; [1998] HCA 57 at [46]; Bugmy v R (2013) 249 CLR 571; [2013] HCA 37 at [24]; White at [20].…
Green v The Queen; Quinn v The Queen
[2011] HCA 49
Para 53
…is because the case does not present the occasion, or need for guidance of the kind described in cases such as Green v The Queen (2011) 244 CLR 462; [2011] HCA 49 at [42] and CMB v Attorney General (NSW) (2015) 256 CLR 346; [2015] HCA 9 nor was it a decision that exposed inconsistency in sentencing patterns tha…
BP v R; R v BP
[2010] NSWCCA 303
Para 17
…contributed to his breach of the law and that, in line with authorities such as KT v The Queen [2008] NSWCCA 51; (2008) 182 A Crim R 571, BP v R [2010] NSWCCA 303, Miller v R [2015] NSWCCA 86 and Clarke-Jeffries v R [2019] NSWCCA 56, more emphasis must be put on an opportunity for him to rehabilitate than would be…
Hili v The Queen
[2010] HCA 45
Para 26
…not necessarily mean that the sentence in fact imposed was manifestly inadequate. Indeed, in Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45 at [59] ( Hili ), the High Court said, citing Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54 at [6] and Wong v The Queen (2001) 207 CLR 584;…
DPP (Cth) v De La Rosa
[2010] NSWCCA 194
Para 41
…The classic statement in this area is the judgment of Simpson J in Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 at [303]-[304], endorsed by the High Court in Hili at [54]:…
Jones v The Queen
[2010] NZCA 119
Para 26
…imposed on the respondent, that would not necessarily mean that the sentence in fact imposed was manifestly inadequate. Indeed, in Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45 at [59] ( Hili ), the High Court said, citing Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54 at [6] and Wong v The…
KT v R
[2008] NSWCCA 51
Para 17
…his Honour accepted that the offender’s immaturity contributed to his breach of the law and that, in line with authorities such as KT v The Queen [2008] NSWCCA 51; (2008) 182 A Crim R 571, BP v R [2010] NSWCCA 303, Miller v R [2015] NSWCCA 86 and Clarke-Jeffries v R [2019] NSWCCA 56, more emphasis must be put on an…
R v Hamid
[2006] NSWCCA 302
Para 1
…on given almost 20 years ago, Johnson J, sitting as a member of this Court, surveyed cases over the previous decade highlighting the issue: R v Hamid [2006] NSWCCA 302; (2006) 164 A Crim R 179 at [67]-[88]. Thus, for example, in R v Devine (Supreme Court of Tasmania, 5 July 1993, unreported), Underwood J had said:…
R v Osenkowski
[2005] SASC 142
Para 29
…language of a sentence being “so disproportionate to the seriousness of the crime as to shock the public conscience”: R v Osenkowski (1982) 30 SASR 212 at 213; (1982) 5 A Crim R 394 at 394 , quoted with approval by Gleeson CJ in Wong at [8]. The epithet “manifest” is given real work to do in this context and is an i…
Wong v The Queen
[2001] HCA 64
Para 26
…at [59] ( Hili ), the High Court said, citing Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54 at [6] and Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64 at [58] ( Wong ):…
R v Edigarov
[2001] NSWCCA 436
Para 3
…In R v Edigarov [2001] NSWCCA 436; (2001) 125 A Crim R 551, Wood CJ at CL (Studdert and Bell JJ agreeing) said at [41]:…
Dinsdale v The Queen
[2000] HCA 54
Para 26
…The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45 at [59] ( Hili ), the High Court said, citing Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54 at [6] and Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64 at [58] ( Wong ):…
R v Powell
[2000] NSWCCA 108
…December 1994), Ross (unreported, Court of Criminal Appeal, NSW, 20 November 1996), Rowe (1996) 89 A Crim R 467; Fahda [1999] NSWCCA 267 and Powell [2000] NSWCCA 108, violent attacks in domestic settings must be treated with real seriousness. Regrettably, that form of conduct involves aggression by men who are physi…
R v Fahda
[1999] NSWCCA 267
…of Criminal Appeal, NSW, 19 December 1994), Ross (unreported, Court of Criminal Appeal, NSW, 20 November 1996), Rowe (1996) 89 A Crim R 467; Fahda [1999] NSWCCA 267 and Powell [2000] NSWCCA 108, violent attacks in domestic settings must be treated with real seriousness. Regrettably, that form of conduct involves ag…
Pearce v The Queen
[1998] HCA 57
Para 29
…here it has been stated that there is no single correct sentence for an offender and an offence: Pearce v R (1998) 194 CLR 610; [1998] HCA 57 at [46]; Bugmy v R (2013) 249 CLR 571; [2013] HCA 37 at [24]; White at [20].…