Rossall v R [2021] NSWCCA 200

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Rossall v R [2021] NSWCCA 200 Hearing dates: 28 June 2021 Date of orders: 25 August 2021 Decision date: 25 August 2021 Before: Bathurst CJ at [1] Rothman J at [2] Garling J at [3] Decision: (1) Grant leave to appeal. (2) Quash the sentence imposed in the District Court of NSW on 24 March 2020. (3) In lieu of that sentence, impose an aggregate term of imprisonment of 1 year and 6 months commencing 6 March 2020 and concluding 5 September 2021. Of this sentence, fix a non‑parole period of 9 months commencing 6 March 2020 and concluding on 5 December 2020. Catchwords: CRIME – Appeals – appeal against sentence – alleged incompetence of counsel – failure to obtain and provide the court with relevant information on the offender's upbringing and personal circumstances – sentencing Judge proceeded on a lack of relevant information – amounted to a miscarriage of justice – appeal upheld – sentence quashed – new sentence imposed Legislation Cited: Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571 Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; (2010) 79 NSWLR 1 Fisher v R [2021] NSWCA 91 John Wayne Tsiakas v R [2015] NSWCCA 187 Kelly v R [2021] NSWCCA 173 Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 Pym v R [2014] NSWCCA 182 Raymond John Munro v Regina [2006] NSWCCA 350 Texts Cited: Not Applicable Category: Principal judgment Parties: Adam Michael Rossall (Appellant) The Crown Representation: Counsel: M Higgins / M Keaney (Appellant) E Balodis (Respondent)