Thurlow v R [2022] NSWCCA 20

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Thurlow v R [2022] NSWCCA 20 Hearing dates: 4 February 2022 Date of orders: 14 February 2022 Decision date: 14 February 2022 Before: Johnson J at [1] Davies J at [2] Bellew J at [3] Decision: 1. Leave to appeal granted; 2. Appeal dismissed Catchwords: CRIMINAL LAW – Offences – Sentence – Appeal – Where applicant convicted of two counts of perverting the course of justice – Where applicant submitted on sentence that the matter could appropriately be dealt with by the imposition of an Intensive Correction Order – Where the sentencing judge concluded that the objective seriousness of the offending was such that the only appropriate sentence was one of full-time custody – Whether the sentencing judge erred in failing to appropriately consider s 66(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) – No error established – No further decision to be made once the sentencing judge had determined that the only appropriate sentence was one of full time custody – Leave to appeal granted – Appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Mandranis v R (2021) 289 A Crim R 260; [2021] NSWCCA 97 Quinn v Commonwealth Director of Public Prosecutions [2021] NSWCA 294 R v Fangaloka [2019] NSWCCA 173 R v Jesse Robert Thurlow [2020] NSWDC 850 R v Jesse Robert Thurlow [2020] NSWDC 871 Wany v Director of Public Prosecutions (NSW) (2020) 103 NSWLR 620; [2020] NSWCA 318 Category: Principal judgment Parties: Jesse Robert Thurlow – Applicant Regina – Respondent Representation: Counsel: J Trevallion and T O'Rourke – Applicant E Jones – Respondent