Qoro v R [2020] NSWCCA 276

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Qoro v R [2020] NSWCCA 276 Hearing dates: 25 September 2020 Decision date: 23 October 2020 Before: Simpson AJA at [1 ]; Rothman J at [2 ]; Bellew J at [78] Decision: (1) Leave to appeal granted; (2) The sentence imposed on the applicant by the District Court on 6 December 2019 for the offence of one count of armed robbery committed at Orange on 1 September 2018 is quashed; (3) The applicant is sentenced, for armed robbery committed at Orange on 1 September 2018 to a head sentence of 3 years and 6 months, commencing 5 June 2019 and concluding 4 December 2022, with a non-parole period of 2 years and 1 month, concluding 4 July 2021. The applicant is first eligible for parole on 4 July 2021. Catchwords: CRIME – SENTENCE APPEAL – special circumstances – failure to give effect to finding as a result of the effect of accumulation – error disclosed – additional evidence taken into account on re-sentencing – appeal allowed – applicant resentenced Legislation Cited: Crimes Act 1900 (NSW), s 97(1) Crimes (Sentencing Procedure) Act 1999 (NSW), s 3A Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Elwood v R [2019] NSWCCA 315 Kennedy v R [2010] NSWCCA 260 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Lehn v R (2016) 93 NSWLR 205; [2016] NSWCCA 255 R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111 Sabongi v R (2015) 249 A Crim R 167; [2015] NSWCCA 25 Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14 Category: Principal judgment Parties: Joseph Seka Qoro (Applicant) Crown (Respondent) Representation: Counsel: B Neild (Applicant) M Kumar (Respondent)