MR v R [2021] NSWCCA 218

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: MR v R [2021] NSWCCA 218 Hearing dates: 18 August 2021 Date of orders: 8 September 2021 Decision date: 08 September 2021 Before: Bathurst CJ at [1] Simpson AJA at [2] Bellew J at [3] Decision: (1) Leave to appeal against sentence granted. (2) Appeal dismissed. Catchwords: CRIMINAL LAW – Offences – Sentence – Application for leave to appeal against sentence – Driving offences – Drug supply offence – Domestic violence offence – Where applicant was on parole at the time of the entirety of his offending – Where the applicant was also on bail at the time of the domestic violence offending – Where the sentencing judge took into account the applicant's conditional liberty when assessing the objective seriousness of his offending – Error conceded by the Crown – Resentence – Objective seriousness of the offending – Aggravating factors – Limited subjective case – Absence of insight into the offending – Guarded prospects of rehabilitation – Limited remorse – No lesser sentence warranted and should have been passed – Leave to appeal granted – Appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Road Transport Act 2013 (NSW) Cases Cited: Attorney General's Application Under s 37 of the Crimes (Sentencing Procedure) Act 1999 (No.1) of 2002 (2002) 56 NSWLR 146; [2002] NSWCCA 518 FL v R [2020] NSWCCA 114 McDowall v R [2019] NSWCCA 29 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 Sharma v R [2017] NSWCCA 85 Category: Principal judgment Parties: MR – Applicant Regina – Respondent Representation: Counsel: T Ramrakha – Applicant C Curtis – Respondent