Owen v R [2022] NSWCCA 214

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Owen v R [2022] NSWCCA 214 Hearing dates: 26 September 2022 Date of orders: 24 October 2022 Decision date: 24 October 2022 Before: Garling J at [1] Adamson J at [83] N Adams J at [84] Decision: (1) Grant leave to the applicant to appeal against his sentence. (2) Dismiss the appeal. Catchwords: CRIME — Appeals — Appeal against sentence — Failure to determine objective criminality of offence — Ground upheld CRIME — Appeals — Appeal against sentence — Failure to take account of "Bugmy factors" — No relevant evidence of such factors — No relevant submission made below — Ground dismissed CRIME — Appeals — Appeal against sentence — Re-sentence — No lesser sentence warranted Legislation Cited: Crimes Act 1900 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Delaney v R; R v Delaney [2013] NSWCCA 150; 230 A Crim R 581 Gal v R [2015] NSWCCA 242 Khan v R [2022] NSWCCA 47 Paterson v R [2021] NSWCCA 273 R v Campbell [2014] NSWCCA 102 R v Van Ryn [2016] NSWCCA 1 Zreika v R [2012] NSWCCA 44; 223 A Crim R 460 Texts Cited: Not applicable Category: Principal judgment Parties: Tyson Tauteka Owen (App) The Crown (Crown) Representation: Counsel: T O'Rourke (App) D Scully (Crown)