R v White

Case [2025] NSWCCA 111


Court of Criminal Appeal


Supreme Court


New South Wales

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Medium Neutral Citation: R v White [2025] NSWCCA 111
Hearing dates: 27 June 2025
Date of orders: 30 July 2025
Decision date: 30 July 2025
Before: Bell CJ at [1];
Payne JA at [153];
N Adams J at [154].
Decision:

Appeal dismissed.

Catchwords:

SENTENCING – Crown appeal against sentence – where offender deployed taser in course of responsibilities as police officer – where offender convicted of manslaughter – non-custodial sentence for manslaughter conviction – whether sentence manifestly inadequate – whether sentence imposed unreasonable or plainly unjust – where a number of grounds raised, on proper analysis, went only to weight given to role of general deterrence and assessment of objective seriousness – strong subjective circumstances – honest error of judgement – no ongoing risk posed to the community – no malice – extra-curial punishment – loss of employment – inability to continue to reside in local community – sentence lenient but not manifestly inadequate – where no relevant error in sentencing disclosed

SENTENCING – Crown appeal against sentence – Court of Criminal Appeal’s discretion to intervene – s 5D(1) of the Criminal Appeal Act 1912 (NSW) – residual discretion – purposes of Crown appeals against sentence – unusual circumstances of offending – inapt vehicle for laying down general principles – inapt vehicle for ensuring consistency in sentencing – where offender’s health deteriorated since sentence – where offender already undertaken not insubstantial part of sentence imposed – residual discretion not exercised in favour of Crown

Legislation Cited:

Crimes Act 1900 (NSW) s 18(1)(b)

Criminal Appeal Act 1912 (NSW) s 5D

Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 5(1), 8(1), 88(1), 89(1), 30E(3)

Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) s 230

Supreme Court Act 1970 (NSW) s 75A

Cases Cited:

Ahmad v R [2021] NSWCCA 30

Baladjam v R [2018] NSWCCA 304; (2018) 341 FLR 162

Boulton v R; Clements v R; Fitzgerald v R (2014) 46 VR 308; [2014] VSCA 342

BT v R [2012] NSWCCA 128

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

CMB v Attorney General for NSW (2015) 256 CLR 346; [2015] HCA 9

Dinsdale v R (2000) 202 CLR 321; [2000] HCA 54

Director of Public Prosecutions (DPP) v Sewell [2024] VSCA 70

Director of Public Prosecutions (NSW) v Burton [2020] NSWCCA 54

DPP v Karazisis (2010) 31 VR 634; [2010] VSCA 350

DPP v Kenneison [2023] VSCA 321

Elias v R (2013) 248 CLR 483; [2013] HCA 31

Elyard v R [2006] NSWCCA 43; (2006) 45 MVR 402

Everett v The Queen (1994) 181 CLR 295; [1994] HCA 49

Evgeniou v The Queen (1964) 37 ALJR 508; [1965] ALR 209

Fitzgerald v R [2015] NSWCCA 266

Fuller v R [2022] NSWCCA 203

G v R [2021] NSWCCA 50

Green (a pseudonym) v R [2025] NSWCCA 16

Green v R; Quinn v R (2011) 244 CLR 462; [2011]…

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AGLC
R v White [2025] NSWCCA 111
Case
[2025] NSWCCA 111
Decision Date

CaseChat Overview and Summary

In the case of R v White, the appellant, a former police officer, was convicted of manslaughter following the deployment of a taser, which led to the death of an individual. The Crown appealed the sentence, arguing that it was manifestly inadequate and unreasonable. The sentence in question was a non-custodial term, which was considered lenient given the gravity of the offence and the appellant's role as a police officer. The legal issues before the court involved whether the sentence was manifestly inadequate, unreasonable or plainly unjust, and whether the Court of Criminal Appeal had the discretion to intervene.

The court examined the arguments raised by the Crown, focusing on the weight given to general deterrence and the assessment of objective seriousness. While the appellant's role as a police officer and the subjective circumstances of an honest error of judgment were acknowledged, the court found that the sentence was not manifestly inadequate. The appellant's extra-curial punishment, including loss of employment and the inability to reside in the local community, were considered significant factors. Additionally, there was no ongoing risk to the community, and the appellant showed no malice. The court concluded that the sentence, while lenient, was not manifestly inadequate or unreasonable.

The court also addressed the Crown's appeal concerning the Court of Criminal Appeal’s discretion to intervene under section 5D(1) of the Criminal Appeal Act 1912 (NSW). The court noted that the unusual circumstances of the offending made it an inapt vehicle for laying down general principles or ensuring consistency in sentencing. Given the appellant's deteriorating health since the sentence was imposed and the fact that he had already served a substantial part of the sentence, the court decided not to exercise its residual discretion in favour of the Crown.

The final orders of the court were to dismiss the Crown’s appeal against sentence. The court found no relevant error in sentencing and affirmed the original sentence as appropriate under the circumstances.

Orders

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Background

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Evidence

Evidence Before The Court

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Decision

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Legal Principle Established

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