Sypher v R [2020] NSWCCA 336

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Sypher v R [2020] NSWCCA 336 Hearing dates: 4 December 2020 Date of orders: 17 December 2020 Decision date: 17 December 2020 Before: Basten JA at [1] Johnson J at [7] Davies J at [8] Decision: (1) Leave to appeal granted. (2) Appeal allowed. (3) Quash the sentence imposed by Judge King SC in the District Court on 22 June 2020. (4) In lieu, sentence the appellant to a non-parole period of 18 months commencing 30 June 2019 and expiring 29 December 2020 with a balance of term of 12 months expiring 29 December 2021. Note that the appellant is entitled to be released on parole on 29 December 2020. Catchwords: SENTENCING - appeal against sentence - doing an act intending to pervert the course of justice - where applicant's subjective circumstances revealed profound disadvantage and dysfunction - whether sentencing judge failed to find that the applicant's moral culpability was reduced by reason of her disadvantaged background and mental health - where ample evidence of relationship between appellant's circumstances and offending - where sentencing judge acknowledged personal subjective circumstances but did not take into account when sentencing - where merely referencing circumstances is insufficient - where sentencing judge ought to have mitigated the weight to be given to general deterrence Legislation Cited: Crimes Act 1900 (NSW) ss 319, 321, 324 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Dang v R [2013] NSWCCA 246 Dellow v R [2020] NSWCCA 301 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Egan v R [2017] NSWCCA 206 Kentwell v R (No 2) [2015] NSWCCA 96 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 Prince v R [2020] NSWCCA 268 R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111 R v Millwood [2012] NSWCCA 2 R v Sypher [2020] NSWDC 528 Wood v R [2019] NSWCCA 309 Texts Cited: Nil Category: Principal judgment Parties: Anissa Sypher (Applicant) Crown (Respondent) Representation: Counsel: R Mathur (Applicant) C Young (Respondent)