Tuesley v R [2021] NSWCCA 58

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Tuesley v R [2021] NSWCCA 58 Hearing dates: 20 November 2020 Date of orders: 7 April 2021 Decision date: 07 April 2021 Before: Hoeben CJ at CL at [1] Davies J at [2] Fagan J at [76] Decision: 1. Leave to appeal granted. 2. Appeal dismissed. Catchwords: CRIME – appeals – appeal against sentence – applicant pleaded guilty to six offences – two indictable offences of assaulting a police officer one contrary to s 60(2) – four summary offences of possessing a prohibited drug – aggregate sentence imposed - whether sentencing judge erred in declining to fix a non-parole period – whether sentencing judge took into account irrelevant considerations and did not take into account relevant considerations – where sentencing judge not advised that s 60(2) offence carried a standard non-parole period - whether error in not indicating a non-parole period for indicative sentence for s 60(2) offence – where any error would have had no effect on the aggregate sentence – whether sentence was manifestly excessive Legislation Cited: Crimes Act 1900 (NSW) ss 58, 60 Crimes (Sentencing Procedure) Act 1999 (NSW) ss 44, 45, 54A, 54B Justice Portfolio Legislation (Miscellaneous Amendments) Act 2016 (NSW) Cases Cited: Ibbotson (a pseudonym) v R [2020] NSWCCA 92 Convery v R [2014] NSWCCA 93 R v Dunn [2004] NSWCCA 346 See v R [2020] NSWCCA 272 Waterstone v R [2020] NSWCCA 117 Texts Cited: Nil Category: Principal judgment Parties: Anthony Edward Tuesley (Applicant) Crown (Respondent) Representation: Counsel: K Averre (Applicant) M Kumar (Respondent)