Haines v R [2021] NSWCCA 149

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Haines v R [2021] NSWCCA 149 Hearing dates: 30 April 2021 Decision date: 07 July 2021 Before: Hoeben CJ at CL at [1]; Bellew J at [65]; N Adams J at [67] Decision: (1) Leave to appeal is granted. (2) The appeal is dismissed. Catchwords: CRIMINAL LAW – appeal against sentence – 10 offences including accessory after the fact to break enter and steal, robbery armed with an offensive weapon, steal from the person and reckless wounding – error on part of sentencing judge in referring to maximum penalty for one of the offences – need to re-sentence – whether lesser sentence warranted in law – whether sentencing judge failed to properly consider totality and accumulation – no lesser penalty warranted in law – appeal against sentence dismissed. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW), s 6(3) Cases Cited: Aboud v Regina [2021] NSWCCA 77 Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 CM v R [2013] NSWCCA 341 GP v Regina [2017] NSWCCA 200 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Lonsdale v R [2020] NSWCCA 267 Newman (a pseudonym) v R [2019] NSWCCA 157 Qoro v R [2020] NSWCCA 276 R v Fernando (1992) 76 A Crim R 58 R v Jeremiah [2016] NSWCCA 241 R v MAK; R v MSK (2006) 167 A Crim R 159; [2006] NSWCCA 381 Category: Principal judgment Parties: Isaac Haines – Applicant Regina – Respondent Representation: Counsel: L Brasch – Applicant C Young – Respondent