Buckley v R [2021] NSWCCA 6

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Buckley v R [2021] NSWCCA 6 Hearing dates: 12 October 2020 Date of orders: 03 February 2021 Decision date: 03 February 2021 Before: McCallum JA at [1]; Garling J at [2]; Wright J at [3] Decision: (1) The applicant is granted leave to appeal. (2) The appeal is allowed. (3) The aggregate sentence imposed by the District Court at Newcastle on 16 April 2019 is quashed. (4) The applicant is sentenced to an aggregate sentence comprising a non-parole period of 4 years commencing on 30 April 2018 and expiring on 29 April 2022 with a balance of the term of 3 years 6 months expiring on 29 October 2025. Catchwords: CRIMINAL LAW – Sentence – Appeal against sentence – Series of armed robbery offences –Whether sentencing judge erred in not considering the causal effect of the applicant's schizophrenia on his mental state despite unchallenged medical evidence – Whether sentencing judge erred in applying a rigid mathematical rule that a combined discount for the guilty plea and assistance could not exceed 40% absent exceptional circumstances – Appeal against sentences allowed and sentences quashed – Applicant resentenced Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Firearms Act 1996 (NSW) Cases Cited: Aslan v R [2014] NSWCCA 114 CMB v Attorney-General for NSW (2015) 256 CLR 346; [2015] HCA 9 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 DL v The Queen (2018) 265 CLR 215; [2018] HCA 32 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Panetta v R [2016] NSWCCA 85 R v Ellis (1986) 6 NSWLR 603 R v Henry [1999] NSWCCA 111; 106 A Crim R 149 SZ v R [2007] NSWCCA 19; 168 A Crim R 249 Z v R [2014] NSWCCA 323 Category: Principal judgment Parties: John Patrick Buckley (Applicant) Regina (Crown) Representation: Counsel: A Evers (Applicant) M Kumar (Crown)