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Ross, Christopher v The Queen

Ross, Christopher v The Queen

Case [2019] NSWCCA 314 20 December 2019

Appeal

Breach of Contract

Aggravated & Exemplary Damages

Criminal Liability

Sentencing

Criminal Law

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Court of Criminal Appeal

Supreme Court

New South Wales

Summary available

Medium Neutral Citation: Ross, Christopher v R [2019] NSWCCA 314
Hearing dates: 22 November 2019
Date of orders: 20 December 2019
Decision date: 20 December 2019
Before: Basten JA at [1];
Macfarlan JA at [59];
Campbell J at [60]
Decision:
(1) Grant the applicant leave to appeal against the aggregate sentence imposed on him in the District Court on 8 March 2019.
(2) Dismiss the appeal.
Catchwords: CRIMINAL LAW – appeal against sentence – manifest excess – domestic violence offences – whether indicative sentences demonstrated error in aggregate sentence – findings as to offender’s subjective circumstances – cumulative effect of multiple sentences
Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 13
Crimes Act 1900 (NSW), ss 61, 85, 323, 324
Cases Cited: Asplund v R [2014] NSWCCA 237
Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37
Cross v R [2016] NSWCCA 214
Evans v R [2017] NSWCCA 281
Kiernan v R [2016] NSWCCA 12
Mulato v R [2006] NSWCCA 282
Munda v State of Western Australia (2013) 249 CLR 600; [2013] HCA 38
PD v R [2012] NSWCCA 242
Postiglione v The Queen (1997) 189 CLR 295 at 307-308; [1997] HCA 26
R v Burton [2008] NSWCCA 128
R v Edigarov [2001] NSWCCA 436; 125 A Crim R 551
R v Fernando(1992) 76 A Crim R 58
R v Hamid [2006] NSWCCA 302; (2006) 164 A Crim R 179
R v Hamid [2006] NSWCCA 302; 164 A Crim 179
R v MAK; R v MSK [2006] NSWCCA 381
SHR v R [2014] NSWCCA 94; 241 A Crim R 544
The Queen v Kilic (2016) 259 CLR 256; [2016] HCA 48
Warby v R [2007] NSWCCA 173; 171 A Crim R 575
Category: Principal judgment
Parties: Christopher Ross (Applicant)
Regina (Respondent)
Representation:
Counsel:
Mr J Brock (Applicant)
Mr F Veltro (Respondent)
Solicitors:
Aboriginal Legal Service (NSW/ACT) Ltd (Applicant)
Director of Public Prosecutions (Respondent)

File Number(s): 2016/108220; 2016/275221
Decision under appeal

Court or tribunal:

District Court

Jurisdiction:

Criminal

Date of Decision:

8 March 2019

Before:

Ingram SC DCJ

File Number(s):

2016/108220; 2016/275221

Judgment

BASTEN JA: On 8 March 2019 Christopher Ross was sentenced in the District Court at Dubbo by Judge Ingram SC with respect to five offences all involving elements of domestic violence between Mr Ross and his de facto partner, including one offence of seeking to dissuade her from giving truthful evidence. The judge sentenced him to prison for an aggregate term of 6 years 6 months with a non-parole period of 4 years 8 months.
Mr Ross (the applicant) seeks leave to appeal on the basis that the aggregate sentence is manifestly excessive. In support of that ground, he makes no complaint about the careful statements of law, principle and fact in the judgment on sentence. However, he contends that the application of the relevant principles appears to have gone awry and that…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Ross, Christopher v The Queen

Details

AGLC: Ross, Christopher v The Queen [2019] NSWCCA 314
Case: [2019] NSWCCA 314
Decision Date: 20 December 2019

CaseChat Overview and Summary

The appellant, Christopher Ross, was convicted of multiple domestic violence offences and appealed against the aggregate sentence imposed. The High Court of Australia was tasked with determining whether the sentence was manifestly excessive. The appeal centred on the application of the principle that a sentence should not be so severe as to shock the community’s conscience, particularly given the cumulative effect of multiple sentences for related offences.

The central legal issue was whether the aggregate sentence, which combined several individual sentences for domestic violence offences, was manifestly excessive. The court had to consider the appropriateness of the aggregate sentence in light of the indicative sentences for individual offences and the offender’s subjective circumstances. Additionally, the court examined whether the cumulative effect of the sentences was justified and whether it demonstrated an error in the aggregate sentence imposed.

The court held that the aggregate sentence was not manifestly excessive. It found that the trial judge had appropriately considered the individual indicative sentences and the cumulative effect of the sentences. The court recognised that the offender’s subjective circumstances, including his history of domestic violence and the need for deterrence, warranted a substantial sentence. The aggregate sentence was deemed proportionate to the seriousness of the offences and the need to protect the community.

No further orders were made by the court. The appeal against sentence was dismissed.

Orders