Edwards v R [2021] NSWCCA 57

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Edwards v R [2021] NSWCCA 57 Hearing dates: 15 March 2021 Date of orders: 9 April 2021 Decision date: 09 April 2021 Before: Payne JA at [1] Bellew J at [4] Button J at [69] Decision: 1. Leave to appeal granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW – Offences – Sentence – Application for leave to appeal against sentence – Where applicant pleaded guilty to one count of stealing from the person of another and one count of robbery in company – Additional count of robbery in company contained in a Form 1 – Robbery at a convenience store – Where the applicant snatched a wallet from a customer before returning to the store and producing a knife and threatening the proprietors – Where the applicant threatened the safety of the proprietors' four year old child if his demand for money was not met – Where the applicant was aged 18 at the time of the offending and had a significantly disadvantaged upbringing in which he was consistently exposed to abuse – Where the applicant had a lengthy criminal history and was on bail and on probation at the time of the offending – Whether the sentencing judge was "distracted" from a proper consideration of the applicant's subjective case by his application of the relevant guideline – Whether the sentencing judge failed to properly analyse the applicant's lengthy criminal history – Whether sentence was manifestly excessive bearing in mind the applicant's subjective case – Leave to appeal granted - Appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) Cases Cited: Attorney-General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146; [2002] NSWCCA 518 Bugmy v The Queen (2013) 249 CLR 57; [2013] HCA 37 Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Power and ors. v The Queen (1974) 131 CLR 623; [1974] HCA 26 R v Amati [2019] NSWCCA 193 R v Baker [2000] NSWCCA 85 R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111 R v Murchie [1999] NSWCCA 424; (1999) 108 A Crim R 482 R v Simpson (2001) 53 NSWLR 704; [2001] NSWCCA 534 Ryan v R [2009] NSWCCA 183 Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14 Category: Principal judgment Parties: Dwayne Edwards – Applicant Regina - Respondent Representation: Counsel: P Coady – Applicant C Young – Respondent