Teece v R [2022] NSWCCA 265

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Teece v R [2022] NSWCCA 265 Hearing dates: 24 October 2022 Decision date: 15 December 2022 Before: Garling J at [1]; Button J at [2]; Wilson J at [74] Decision: 1) Leave to appeal, including out of time, granted. 2) Appeal dismissed. Catchwords: CRIME – Appeals – Appeal against sentence – Manifest excess – Parity – Misapplication of principle – Error in fact finding – Where two judges sentenced co-offenders separately – Where appellate court does not go behind fact finding – Evaluative assessment of each sentencing judge as to objective findings and weight given to subjective features – Appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Code Act 1995 (Cth) Criminal Procedure Act 1986 (NSW Firearms Act 1996 (NSW) Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194 House v the King (1936) 55 CLR 499; [1936] HCA 40 Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46 Patel v R [2022] NSWCCA 93 PG v R [2017] NSWCCA 179 R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111 Rae v R [2011] NSWCCA 211 Tran v R (Cth) [2020] NSWCCA 310 WM v R [2020] NSWCCA 96 Category: Principal judgment Parties: Matthew Teece (Applicant) Rex (Respondent) Representation: Counsel: D Phillips (Applicant) A Bonnor (Respondent)