Bethune v R [2021] NSWCCA 115

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Bethune v R [2021] NSWCCA 115 Hearing dates: 28 May 2021 Date of orders: 28 May 2021 Decision date: 09 June 2021 Before: Harrison J at [1]; Adamson J at [2]; Bellew J at [30] Decision: (1) Grant leave to appeal against sentence. (2) Allow the appeal. (3) Quash the sentence imposed by Weber SC DCJ on 20 March 2020 and, in lieu thereof, impose a sentence of 3 years' imprisonment to commence on 11 May 2019 and expire on 10 May 2022, with a non-parole period of 18 months to expire on 10 November 2020. (4) Direct that the applicant be released forthwith. Catchwords: CRIME — Appeals — Appeal against sentence — Application for leave to appeal — Whether sentencing judge failed to assess the applicant's moral culpability — Omission to undertake assessment of moral culpability in reasons does not always warrant intervention by this Court — Manifest excess established — Sentence was unjust as it was grossly disproportionate with the objective and subjective circumstances SENTENCING — Appeal against sentence — Re-sentence — Assessment of objective seriousness and moral culpability — Consideration of connection between offending behaviour and childhood trauma — Finding of special circumstances warranted Legislation Cited: Crimes Act 1900 (NSW), s 112 Criminal Appeal Act 1912 (NSW), s 5 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Re Attorney Generals Application no 1 under s 26 of the Criminal Appeal Act; R v Ponfield (1999) 48 NSWLR 327; [1999] NSWCCA 435 Category: Principal judgment Parties: Matthew Bethune (Applicant) Regina (Crown) Representation: Counsel: B Robinson (Applicant) S Traynor (Crown)