JC1 v R; GN v R [2021] NSWCCA 183

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: JC1 v R; GN v R [2021] NSWCCA 183 Hearing dates: 23 July 2021 Date of orders: 9 August 2021 Decision date: 09 August 2021 Before: Payne JA at [1] Davies J at [2] Ierace J at [121] Decision: (a) In relation to the appeal by JC1: 1. Leave to appeal granted. 2. Uphold the appeal. 3. Quash the sentence imposed by Delaney ADCJ on 30 October 2019 4. In lieu, sentence the appellant to an aggregate sentence of four years and three months commencing 10 June 2019 and expiring 9 September 2023 with a non-parole period of two years and six months expiring 9 December 2021. (b) In relation to the appeal by GN:

1. Leave to appeal granted. 2. Appeal dismissed. Catchwords: CRIME – appeals – appeal against sentence – three co-offenders aged 16 and 17 at time of offending - robbery armed with a dangerous weapon, assault with intent to rob whilst armed and larceny – appeal by JC1 – where applicant was serving a sentence for later offending at time sentence imposed - whether sentencing judge erred in failing to take into account the other sentence - whether insufficient disparity between aggregate sentence imposed on applicant and co-offenders – where both co-offenders also serving sentences for later offending at time sentence imposed - where starting dates for co-offenders' sentences took account of the other sentences imposed on them – where sentencing judge otherwise appropriately took into account similarities and differences between offenders and was conscious of parity issue – where the failure to take account of applicant's earlier sentence resulted in an unfair disparity with co-offenders - applicant re-sentenced to same sentence commencing at earlier date to take account of time spent in custody on earlier sentence CRIME – appeals – appeal against sentence – appeal by GN – whether sentencing judge impermissibly used the Henry guideline judgment in sentencing – where two-stage process not engaged in and Henry guideline judgment appropriately taken into account – whether sentencing judge erred in not properly considering applicant's youth – where appropriate consideration given to matters involved in sentencing young person – appeal dismissed Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) s 6 Crimes Act 1900 (NSW) ss 97, 117 Crimes (Sentencing Procedure) Act 1999 (NSW) s 23 Firearms Act 1996 (NSW) Cases Cited: Clarke-Jeffries v R [2019] NSWCCA 56 JA v R [2021] NSWCCA 10 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Mohindra v R [2020] NSWCCA 340 R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111 R v SL; R v RT; R v WS [2008] NSWSC 651 Warwick v R [2016] NSWCCA 183 Yildiz v R [2020] NSWCCA 69 Zreika v R [2012] NSWCCA 44; (2012) 223 A Crim R 460 Texts Cited: Nil Category: Principal judgment Parties: JC1 (Applicant) GN (Applicant) Crown (Respondent) Representation: Counsel: S Howell (for the Applicant JC1) C McGorey (for the Applicant GN) C Young (Respondent)