Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: See v R [2017] NSWCCA 165 Hearing dates: 23 June 2017 Date of orders: 14 July 2017 Decision date: 14 July 2017 Before: Hoeben CJ at CL [1]
R A Hulme J [2]
Wilson J [3]Decision: (1) Leave to appeal granted
(2) Appeal dismissedCatchwords: CRIMINAL LAW – appeal against sentence – question of totality of sentence with interstate sentence – offender with mental illness – question of whether sentencing judge gave adequate consideration to mental illness – whether proper regard to remorse – whether prospects of rehabilitation properly assessed – no point of principal Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW)
Crimes Act 1900 (NSW)
Criminal Appeal Act 1912 (NSW)
Firearms Act 1996 (NSW)Cases Cited: DPP (Commonwealth) v De La Rosa (2010) 205 A Crim R 1; (2010) 79 NSWLR 1; [2010] NSWCCA 194
King v R [2015] NSWCCA 99
Mill v The Queen (1988) 166 CLR 59
R v Baker [2000] NSWCCA 85
R v Ponfield (1999) 48 NSWLR 327
R v Todd [1982] 2 NSWLR 517Category: Principal judgment Parties: Phillip Ryan See (Applicant)
Regina (Respondent Crown)Representation: Counsel:
Solicitors:
G Smith SC (Applicant)
S Hughes (Respondent Crown)
Matouk Joyner Lawyers (Applicant)
Solicitor for Public Prosecutions (Respondent Crown)
File Number(s): 2011/316447; 2012/190669; 2013/365174; 2015/60980 Publication restriction: None Decision under appeal
- Court or tribunal:
- Sydney District Court
- Jurisdiction:
- Common Law
- Date of Decision:
- 3 June 2016
- Before:
- Arnott DCJ
- File Number(s):
- 2011/316447
2012/190669
2013/365174
2015/60980
Judgment
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HOEBEN CJ AT CL: I agree with Wilson J.
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R A HULME J: I agree with Wilson J.
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WILSON J: This is an application brought by Phillip See pursuant to s 5(1)(c) of the Criminal Appeal Act 1912 (NSW) for leave to appeal against sentence imposed upon him on 3 June 2016 in the District Court. The applicant was sentenced for 13 dishonesty and firearms offences, with a further 23 offences taken into account pursuant to s 33 of the Crimes (Sentencing Procedure) Act 1999 (NSW) against one of the nine counts of break, enter and steal dealt with by the court.
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The Form 1 offences were ten counts of use false document to obtain financial advantage, five counts of publishing false and misleading material to obtain advantage, goods in custody, being a convicted offender in possession of safe breaking implements, two counts of possessing identification information to facilitate the commission of an indictable offence, knowingly dealing with property suspected of being the proceeds of crime, and three counts of possessing an unauthorised firearm.
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After allowing a 25 per cent discount in recognition of pleas of guilty entered in the Local Court an aggregate sentence of 12 years and 6 months was imposed, which commenced on 18 January 2013, and expires on 17 July 2025. A non-parole period ("NPP") of 7 years and 6 months was fixed. The NPP expires on 17 July 2020.
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Given the multiplicity of offences dealt with by the…
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- AGLC
- See v The Queen [2017] NSWCCA 165
- Case
- [2017] NSWCCA 165
- Decision Date
CaseChat Overview and Summary
The key legal issues before the court were whether the sentencing judge adequately considered See's mental illness, properly assessed his remorse, and properly evaluated the prospects of rehabilitation. The court also needed to determine if the totality principle had been properly applied in the context of an interstate sentence. The defence counsel contended that the sentence was excessive and that the sentencing judge failed to take into account mitigating factors such as See's mental health and expressed remorse.
The Court of Appeal found that the sentencing judge did consider the totality of See's sentence, including the New South Wales sentence, and did so appropriately. While the court acknowledged See's mental illness, it held that the sentencing judge had given proper weight to this factor, along with See's remorse and prospects of rehabilitation. The court found no error in the sentencing process and held that the sentence was not excessive. The appeal was dismissed, and the original sentence upheld.
No further orders were made by the Court of Appeal. The original sentence imposed by the Supreme Court of Victoria was confirmed.
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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