Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Thornton v R [2020] NSWCCA 257 Hearing dates: 30 September 2020 Date of orders: 30 September 2020 Decision date: 07 October 2020 Before: Hoeben CJ at CL at [1];
Beech-Jones J at [2];
N Adams J at [48].Decision: 1. Extend the time in which the Applicant may seek leave to appeal against sentence.
2. Grant the Applicant leave to appeal.
3. Appeal against sentence dismissed.
Catchwords: CRIME – appeals – extension of time in which applicant may seek leave to appeal – appeal against sentence – dangerous driving occasioning grievous bodily harm – two victims – whether aggregate sentence manifestly excessive – notional accumulation – appeal dismissed
Legislation Cited: Crimes Act 1900
Cases Cited: R v Whyte (2002) 55 NSWLR 252; [2002] NSWCCA 343
Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45
Kliendienst v R [2020] NSWCCA 98
Category: Principal judgment Parties: Jakob Thornton (Applicant)
Regina (Crown)Representation: Counsel:
Solicitors:
I Nash (Applicant)
C Curtis (Crown)
Legal Aid (NSW) (Applicant)
Office of the Director of Public Prosecutions (Crown)
File Number(s): 2018/53258 Decision under appeal
- Court or tribunal:
- District Court
- Jurisdiction:
- Criminal
- Citation:
R v Thornton [2019] NSWDC 56
- Date of Decision:
- 15 March 2019
- Before:
- Hatzistergos DCJ
- File Number(s):
- 2018/53258
Judgment
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HOEBEN CJ at CL: I agree with the judgment of Beech-Jones J and the reasons therein set out.
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BEECH-JONES J: On 30 September 2020 this Court heard an application for an extension of time to seek leave to appeal against an aggregate sentence of imprisonment for 3 years and 8 months with a non‑parole period of 2 years imposed by his Honour Judge Hatzistergos on 15 March 2019 (R v Thornton [2019] NSWDC 56). The sentence was imposed as a consequence of the applicant pleading guilty to two offences of dangerous driving occasioning grievous bodily harm contrary to s 52A(3)(c) of the Crimes Act 1900.
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At the conclusion of argument the Court made the following orders:
Extend the time in which the Applicant may seek leave to appeal against sentence.
Grant the Applicant leave to appeal.
Appeal against sentence dismissed.
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When making those orders, the Court stated that reasons would be provided at a later date. This judgment constitutes my reasons for joining in the orders made by the Court
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As Hatzistergos DCJ imposed an aggregate sentence, his Honour was obliged at the time of sentencing to indicate to the offender the sentence that would have been imposed for each offence had separate sentences been imposed instead of an aggregate sentence (Crimes (Sentencing Procedure) Act 1999; s 53A(2)(b); the “Sentencing Act”). Accordingly, his Honour indicated that the sentences that would have been imposed were 2 years and 1 month imprisonment for…
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- AGLC
- Thornton v The Queen [2020] NSWCCA 257
- Case
- [2020] NSWCCA 257
- Decision Date
CaseChat Overview and Summary
The court held that the application for leave to appeal was not time barred as the circumstances justified an extension of time. The court emphasised the importance of considering the unique circumstances of the case, which included the appellant's delay in seeking legal advice. Regarding the second issue, the court concluded that the aggregate sentence was not manifestly excessive. It was noted that the trial judge had taken into account the nature and circumstances of the offence, the appellant's culpability, and the need for general deterrence when imposing the sentence. The court found that the trial judge had appropriately exercised their discretion in determining the sentence.
The appeal was dismissed, and the original sentence was upheld. The court's decision highlighted the importance of considering the unique circumstances of each case when determining the timeliness of an application for leave to appeal and the appropriateness of the sentence imposed. The court found that the trial judge had exercised their discretion appropriately in this case, and the aggregate sentence was not manifestly excessive.
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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