Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Sampson v R [2025] NSWCCA 25 Hearing dates: 21 February 2025 Date of orders: 21 March 2025 Decision date: 21 March 2025 Before: Davies J at [1]
Dhanji J at [120]
Huggett J at [121]Decision: (1) Grant leave to appeal.
(2) Appeal allowed.
(3) Quash the sentence imposed in the District Court on 13 December 2023.
(4) In lieu, taking into account the matter on the Form 1, sentence the appellant to a non-parole period of 2 years 8 months commencing 9 September 2022 and expiring 8 May 2025 with a balance of term of 1 year 10 months expiring 8 February 2027.
(5) The applicant is first eligible for parole on 8 May 2025.
Catchwords: CRIME – appeals – appeal against sentence – where the applicant pleaded guilty to one count of intentionally causing grievous bodily harm at a super call-over – where the applicant struck the victim in the eye causing permanent damage – where the sentencing judge combined discounts under ss 22A and 25D of the Crimes (Sentencing Procedure) Act 1999 – whether the sentencing judge erred in rounding down the discount to even months – where the rounding down of the discount reduced the discount – where the sentencing judge was obliged to provide the stipulated discount in s 25D – ground of appeal upheld – where it was still necessary to resentence the applicant – error not an arithmetical or date error
CRIME – appeals – appeal against sentence – objective seriousness – whether the sentencing judge erred in assessing objective seriousness – where the onus was on the applicant to show that a lack of planning should be a mitigating factor – where the offence was typified by jealousy – where there was a history of domestic violence – where the lack of planning was insignificant – ground rejected
CRIME – appeals – appeal against sentence – where the applicant was diagnosed with PTSD and alcohol/substance abuse disorder – where submission made that applicant was not a suitable vehicle for general deterrence - where the sentencing judge did not engage with the effect of the mental health issues on deterrence – where the sentencing judge erred by not referencing general deterrence – ground upheld
Legislation Cited: Crimes Act 1900 (NSW) s 33
Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 14
Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 21A, 22A, 25A, 25D, 25E, 25F, 44
Cases Cited: Akkawi v R; Akkawi v R [2012] NSWCCA 11
BAP v R [2024] NSWCCA 206
Baydoun v R [2024] NSWCCA 65
Black v R (2022) 107 NSWLR 225; [2022] NSWCCA 17
Bugmy v The Queen (1990) 169 CLR 525; [1990] HCA 18
Cherry v R [2017] NSWCCA 150
Christian v R [2021] NSWCCA 300
Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194
Doyle v R (2022) 108 NSWLR 1; [2022]…
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- AGLC
- Sampson v The King [2025] NSWCCA 25
- Case
- [2025] NSWCCA 25
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the sentencing judge erred in rounding down the discount under sections 22A and 25D of the Crimes (Sentencing Procedure) Act 1999. Additionally, the court had to assess if the sentencing judge erred in the evaluation of the objective seriousness of the offence, particularly whether the lack of planning should be considered a mitigating factor. The court also had to consider whether the sentencing judge failed to engage with the effect of the applicant's mental health issues on the general deterrence aspect of sentencing.
The court found that the sentencing judge erred in rounding down the discount to even months, which resulted in a reduced discount. This was a legal error as the judge was obliged to provide the stipulated discount under section 25D. Consequently, the ground of appeal was upheld. However, the court rejected the ground of appeal regarding the assessment of the objective seriousness, noting that the lack of planning was insignificant given the circumstances of the offence. The court also upheld the ground of appeal concerning the failure to engage with the applicant's mental health issues in the context of general deterrence.
The court ordered a resentencing of the applicant, highlighting that the error was not merely an arithmetical or date error but a legal error that required correction. The court did not provide specific details on the resentencing, leaving it to the sentencing judge to re-evaluate the sentence with the correct application of discounts and consideration of the applicant's mental health issues.
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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