Brown v R [2020] NSWCCA 132

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Brown v R [2020] NSWCCA 132 Hearing dates: 25 May 2020 Date of orders: 01 July 2020 Decision date: 01 July 2020 Before: Hoeben CJ at CL at [1] Harrison J at [2] Beech-Jones J at [52] Decision: (1) Grant leave to appeal and allow the appeal. (2) Quash the sentence imposed by his Honour Marien SC A-DCJ on 9 August 2019. (3) In lieu thereof, sentence the applicant to an aggregate term of 6 years imprisonment commencing on 20 September 2018 and expiring on 19 September 2024 with a non-parole period of 3 years and 10 months expiring on 19 July 2022. (4) The indicative sentence for Count 1 is 5 years and 6 months imprisonment with a non-parole period of 3 years and 6 months. The indicative sentence for Count 2 is imprisonment for 2 years. Catchwords: APPEAL – sentence appeal – where altercation at motel – whether error in making findings as to objective seriousness – whether Crown made concession as to objective seriousness – where objective seriousness a matter for sentencing judge – where applicant not denied procedural fairness – where sentence manifestly excessive Legislation Cited: Crimes Act 1900 (NSW), ss 35(1), 59(2) Criminal Appeal Act 1912 (NSW), s 5(1)(c) Cases Cited: Chong v R [2017] NSWCCA 185 DL v The Queen (2018) 265 CLR 215; [2018] HCA 32 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 KR v R [2012] NSWCCA 32 McClelland v R [2019] NSWCCA 59 Stojanovski v R [2013] NSWCCA 334 Category: Principal judgment Parties: Matthew Dean Brown (Applicant) Crown (Respondent) Representation: Counsel: S Howell (Applicant) E Balodis (Respondent)