Jackson v R [2022] NSWCCA 148

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Jackson v R [2022] NSWCCA 148 Hearing dates: 6 May 2022 Date of orders: 6 July 2022 Decision date: 06 July 2022 Before: Basten AJA at [1]; Price J at [2]; N Adams J at [3]. Decision: (1) Leave to appeal is granted. (2) The appeal is allowed. (3) The sentence imposed by Grant DCJ on 23 June 2020 is quashed. In lieu thereof, the applicant is sentenced to an aggregate sentence of 6 years' imprisonment commencing on 6 August 2019 and expiring on 5 August 2025. A non-parole period of 3 years and 10 months will expire on 5 June 2023. Catchwords: CRIME – Appeals – appeal against sentence – parity – specially aggravated take and detain in company with intent to commit a serious indictable offence occasioning actual bodily harm – reckless wounding – where co-offender received ICO and applicant received custodial sentence – youth, rehabilitation and relative role in favour of co-offender – extent of disparity not justified – appeal allowed – re-sentence Legislation Cited: Crimes Act 1900 (NSW), ss 35(3), 86(3), 97(1) Crimes (Sentencing Procedure) Act 1999 (NSW), ss s 21A(5AA), 32, 44(2), 53A Criminal Appeal Act 1912 (NSW), s 5(1)(c), Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49 Huckstadt v R [2016] NSWCCA 22 Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46 Mandranis v R [2021] NSWCCA 97 Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26 Tuivaga v R [2015] NSWCCA 145 Category: Principal judgment Parties: Gwendoline Jackson (Applicant) Regina (Respondent) Representation: Counsel: Mr P Coady (Applicant) Ms E Nicholson (Respondent)