Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: TF v R [2020] NSWCCA 248 Hearing dates: 17 August 2020 Date of orders: 29 September 2020 Decision date: 29 September 2020 Before: Basten JA at [1];
Rothman J at [19];
Price J at [131]Decision: (1) Leave to appeal granted;
(2) Appeal allowed;
(3) The sentence imposed on the applicant on 23 August 2019 is quashed;
(4) The applicant is sentenced to an aggregate sentence for all of the offences for which he was sentenced on 23 August 2019, being an aggregate head sentence of imprisonment for 7 years and 6 months, commencing 16 February 2018 and concluding 15 August 2025, including a non-parole period of 5 years concluding 15 February 2023. The applicant will be first eligible for parole on 15 February 2023.
Catchwords: CRIME – sentence – appeal against severity – armed robbery – multiple offences in company – youth – low cognitive functioning – manifest excess
SENTENCE – disproportion between overall sentence and non-parole period – no presumption that offender will be released on completion of non-parole period – balance of term excessive
Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), ss 6, 15A, 19
Crimes Act 1900 (NSW), ss 97, 98, 112(1)(a), 154C(2)
Cases Cited: BP v R (2010) 201 A Crim R 379; [2010] NSWCCA 159
Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37
Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194
Kennedy v R [2010] NSWCCA 260
Kentwell v R (No 2) [2015] NSWCCA 96
R v AN [2005] NSWCCA 239
R v Engert (1995) 84 A Crim R 67
R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111
R v LNT [2005] NSWCCA 307
R v MAK; R v MSK (2006) 167 A Crim R 159; [2006] NSWCCA 381
Taylor v The Queen [2018] NSWCCA 255
Yildiz v R [2020] NSWCCA 69
Category: Principal judgment Parties: TF (Applicant)
Crown (Respondent)Representation: Counsel:
Solicitors:
J Brock (Applicant)
E Wilkins SC (Respondent)
AA Criminal Lawyer (Applicant)
Office of the Director of Public Prosecutions (NSW) (Respondent)
File Number(s): 2018/53287 Publication restriction: Pursuant to s 15A of the Children (Criminal Proceedings) Act 1987 (NSW), publication of the name of, or any matter which could identify, the applicant is prohibited. Decision under appeal
- Court or tribunal:
- Campbelltown District Court
- Jurisdiction:
- Crime
- Date of Decision:
- 23 August 2019
- Before:
- Colefax SC DCJ
- File Number(s):
- 2018/53287
Judgment
-
BASTEN JA: The applicant, TF, is now 20 years of age. He entered pleas of guilty two years ago in relation to offences committed in January 2018, shortly before his eighteenth birthday. There is a statutory prohibition on publication of material which would identify him. [1]
1. Children (Criminal Proceedings) Act 1987 (NSW), s 15A.
-
In August 2019 the applicant was sentenced by Judge Colefax SC in the Campbelltown District Court to an aggregate sentence for a number of offences, including…
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- AGLC
- TF v The Queen [2020] NSWCCA 248
- Case
- [2020] NSWCCA 248
- Decision Date
CaseChat Overview and Summary
The court found that the sentence was not manifestly excessive overall, acknowledging the seriousness of the offences and the need for general deterrence. However, the court determined that the balance between the overall sentence and the non-parole period was disproportionate, as there was no presumption that the offender would be released on completion of the non-parole period. The court emphasised the importance of ensuring that the sentence reflects the seriousness of the offence while also considering the individual circumstances of the offender.
The appeal was allowed in part, and the sentence was reduced to reflect a more appropriate balance between the overall sentence and the non-parole period. The court directed that the sentence be re-imposed with a non-parole period of seven years. The overall sentence of 12 years with a non-parole period of seven years was deemed to appropriately reflect the seriousness of the offences while also taking into account the offender's youth and cognitive impairments.
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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