Quinlan v R [2021] NSWCCA 21

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Quinlan v R [2021] NSWCCA 21 Hearing dates: 24 February 2021 Date of orders: 08 March 2021 Decision date: 08 March 2021 Before: Leeming JA at [1] Harrison J at [2] Adamson J at [47] Decision: (1) Grant leave to appeal against sentence. (2) Allow the appeal. (3) Set aside the aggregate sentence imposed upon the applicant by her Honour Syme DCJ on 19 October 2018. (4) In lieu thereof: (a) impose an aggregate sentence of 11 years and 6 months imprisonment commencing on 15 December 2014 and expiring on 14 June 2026 with a non-parole period of 6 years and 9 months expiring on 14 September 2021; (b) pursuant to s 53A(2)(b) of the Crimes (Sentencing Procedure) Act 1999 indicate to the applicant and record that an aggregate sentence is imposed and that the sentences that would have been imposed for each offence under s 97(2) of the Crimes Act 1900 are those specified in the Schedule hereto. (5) In accordance with s 25C of the Crimes (High Risk Offenders) Act 2006 (NSW), it is noted that the offence for which the applicant is sentenced is one to which the statute applies, with the possibility that he will be detained in custody after the expiry of the sentence in accordance with that statute. Schedule of Indicative Sentences Count 1 – 8 years and 6 months imprisonment Count 2 – 8 years imprisonment Count 3 – 8 years 6 months imprisonment Catchwords: CRIMINAL LAW – appeal – appeal against sentence – robbery while armed with a dangerous weapon, contrary to s 97(2) of the Crimes Act 1900 – whether sentencing judge erred in approach to fact finding –whether sentencing judge made findings inconsistent with agreed facts – where Crown conceded error – appeal allowed – applicant sentenced afresh Legislation Cited: Crimes Act 1900 Crimes (High Risk Offenders) Act 2006 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Nabalarua v R [2020] NSWCCA 68 Category: Principal judgment Parties: Kalaveti Quinlan (Applicant) Regina (Respondent) Representation: Counsel: P Boulten SC (Applicant) M Millward (Respondent)