Christian v R [2021] NSWCCA 300

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Christian v R [2021] NSWCCA 300 Hearing dates: 18 October 2021 Date of orders: 14 December 2021 Decision date: 14 December 2021 Before: Beech-Jones CJ at CL at [1] R A Hulme J at [43] Dhanji J at [51] Decision: (1) Leave to appeal against sentence granted; (2) Appeal allowed; (3) The sentence imposed on the appellant on 26 November 2019 is set aside; (4) In lieu thereof: (a) Sentence the Appellant to an aggregate term of imprisonment of 7 years and 6 months commencing on 23 November 2017 and expiring on 22 May 2025, (b) Pursuant to s 44(2A) of the Crimes (Sentencing Procedure) Act 1999, set a non-parole of 5 years expiring on 22 November 2022; (c) Specify that the earliest date the applicant will be eligible to be released on parole is 22 November 2022; (d) Pursuant to s 53A(2)(c) of the Crimes (Sentencing Procedure) Act 1999, the Court indicates to the offender that an aggregate sentence is being imposed and the sentences that would have been imposed for each offence are those identified in [38] of this judgment. Catchwords: SENTENCE APPEAL – aggregate sentence – numerous offences of intimidation and violence – finding of special circumstances but not given effect to – error – scope of re-exercise of sentencing discretion – whether confined to adjusting non-parole period or complete re-exercise required – Crown did not consent to confining appeal to adjusting non-parole period – sentencing discretion re-exercised Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Cases Cited: Almaoiue v R [2021] NSWCCA 274 Carroll v R [2015] NSWCCA 219 CM v R [2013] NSWCCA 341 Daniels v R [2016] NSWCCA 35 Haines v R [2016] NSWCCA 90 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Lehn v R (2016) 93 NSWLR 205; [2016] NSWCCA 255 Martin v R [2016] NSWCCA 104 O'Connell v R [2016] NSWCCA 43 Sabongi v R [2015] NSWCCA 25 Zeiser v R [2020] NSWCCA 154 Category: Principal judgment Parties: Rishaad Christian (Applicant) Regina (Respondent) Representation: Counsel: L Brasch (Applicant) C Curtis (Crown)