Thorp v R [2022] NSWCCA 180

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Thorp v R [2022] NSWCCA 180 Hearing dates: 16 March 2022 Decision date: 31 August 2022 Before: Bell CJ at [1]; Bellew J at [2]; Ierace J at [3] Decision: (1) Leave to appeal against sentence granted; (2) Appeal against sentence dismissed. Catchwords: CRIME – Appeals – Appeal against sentence – Double Punishment – where applicant pleaded guilty to charges of aggravated detain for advantage and contravene apprehended domestic violence order ("ADVO") – where aggravating feature of detain offence was occasioning of actual bodily harm – where both offences occurred in course of same incident – where violent conduct formed basis for both offences – where sentencing judge imposed wholly consecutive sentences of imprisonment – whether sentencing judge erred by doubly punishing the applicant for the contravene ADVO – whether error manifest in imposing entirely consecutive sentence for the contravene ADVO offence CRIME – Appeals – Appeal against sentence – Manifest Excess – where applicant sentenced to term of imprisonment for each offence – where applicant submitted that detention was "fleeting" and injuries were "relatively minor" – where applicant relied on sentencing statistics and comparable cases – whether sentence manifestly excessive Legislation Cited: Crimes Act 1900 (NSW), s 86 Crimes (Domestic and Personal Violence) Act 2007 (NSW), ss 13, 14 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 33, 44, 54A, 68 Criminal Appeal Act 1912 (NSW), s 5 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Cahyadi v R (2007) 168 A Crim R 41; [2007] NSWCCA 1 Jibran v R [2020] NSWCCA 86 Khoury v R (2011) 209 A Crim R 509; [2011] NSWCCA 118 Munda v Western Australia (2013) 249 CLR 600; [2013] HCA 38 Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221 Pearce v The Queen (1998) 194 CLR 610; [1998] HCA 57 PW v R [2019] NSWCCA 298 R v Dakkak [2020] NSWSC 1806 R v Dunn (2004) 144 A Crim R 180; [2004] NSWCCA 41 R v Harris (2015) 70 MVR 412; [2015] NSWCCA 81 R v Newell [2004] NSWCCA 183 R v Sivell [2009] NSWCCA 286 R v Speechley (2012) 221 A Crim R 175; [2012] NSWCCA 130 R v Wickham [2004] NSWCCA 193 Salvaggio v R [2007] NSWCCA 136 Tepania v R [2018] NSWCCA 247 Unity Pty Ltd v SafeWork NSW [2018] NSWCCA 266 Category: Principal judgment Parties: Geoffrey Thorp (Applicant) Regina (Respondent) Representation: Counsel: I Nash (Applicant) M Gleeson (Crown)