TF v R [2020] NSWCCA 248

Court of Criminal Appeal Supreme Court New South Wales 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: J Brock (Applicant) E Wilkins SC (Respondent)