Dawson v R [2021] NSWCCA 53

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Dawson v R [2021] NSWCCA 53 Hearing dates: 23 September 2020 Decision date: 31 March 2021 Before: Hoeben CJ at CL at [1]; Rothman J at [76]; Bellew J at [84] Decision: (1) In relation to Grounds of Appeal 1A and 1B, refuse leave to the applicant to rely on those grounds. (2) In relation to Ground of Appeal 2, grant leave to appeal but dismiss the appeal. Catchwords: CRIMINAL LAW – sentence appeal – applicant pleaded guilty to two offences of aggravated break enter and commit serious indictable offence contrary to s 112(2) of the Crime Act 1900 (NSW) – co-offender convicted of one offence of aggravated break enter and commit serious indictable offence – whether error in sentencing judge not referring to Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 when that case had not been brought to her attention in the sentence hearing – Bugmy v The Queen considerations did not arise – whether the applicant's sentence should be reduced for parity reasons – no justified sense of grievance – appeal dismissed. Legislation Cited: Crimes Act 1900 (NSW) – ss 60, 61, 112, 546C Criminal Appeal Act 1912 (NSW) – s 5 Crimes (Domestic and Personal Violence) Act 2007 (NSW) – s 13 Criminal Procedure Act 1986 (NSW) – s 166 Crimes (Sentencing Procedure) Act 1999 (NSW) – ss 10, 21A Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Chamon v R [2020] NSWCCA 112 Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49 Huckstadt v R [2016] NSWCCA 22 Kliendienst v R [2020] NSWCCA 98 Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46 McDowall v R [2019] NSWCCA 29 Palijan v R [2010] NSWCCA 142 R v Fernando (1992) 76 A Crim R 58 R v Maher [2004] NSWCCA 177 R v Tisalandis [1982] 2 NSWLR 430 Youkhana v R [2011] NSWCCA 37; Category: Principal judgment Parties: Nathan James Dawson – Applicant Regina – Respondent Crown Representation: Counsel: G Lewer – Applicant K Jeffreys – Respondent Crown