Thornton v R [2020] NSWCCA 257

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 Crimes (Sentencing Procedure) Act 1999 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 Lee v R [2020] NSWCCA 244 Kliendienst v R [2020] NSWCCA 98 R v AB [2011] NSWCCA 229 R v AB (No 2) [2011] NSWCCA 256 Stanyard v R [2013] NSWCCA 134 Category: Principal judgment Parties: Jakob Thornton (Applicant) Regina (Crown) Representation: Counsel: I Nash (Applicant) C Curtis (Crown)

Solicitors: 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