Krzykalski Aka Palmer v R [2023] NSWCCA 32

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Krzykalski Aka Palmer v R [2023] NSWCCA 32 Hearing dates: 12 October 2022 Date of orders: 1 March 2023 Decision date: 01 March 2023 Before: Basten AJA at [1] Davies at [2] McNaughton J at [80] Decision: 1. Leave to appeal granted. 2. Dismiss the appeal. Catchwords: CRIME – appeals – appeal against sentence –robbery while armed with a dangerous weapon – using offensive weapon to intimidate – offences committed while applicant subject to parole for armed robbery offence committed in Queensland – pleas of guilty – where applicant would be transferred to Queensland when released to parole in NSW – where applicant sentenced to aggregate term of 8 years' imprisonment – whether aggregate sentence imposed was manifestly excessive – totality with Queensland sentence – where no certainty about time to be spent in custody in Queensland after NSW sentence served - early life disadvantage – sexual abuse suffered in State care – drug habit attributable to sexual abuse – PTSD – prospects of rehabilitation - remorse for both offences – whether subjective case weighed heavily against indicative sentences and aggregate sentence – whether extra-curial punishment by corrective service officer threatening to shoot applicant whilst applicant in hospital – sentence not manifestly excessive - appeal dismissed Legislation Cited: Corrective Services Act 2006 (Qld) ss 205, 206, 211 Crimes Act 1900 (NSW) ss 33B, 97 Firearms Act 1996 (NSW) s 62 Parole Orders (Transfer) Act 1983 (NSW) Prisoners (Interstate Transfer) Act 1982 (NSW) Cases Cited: Bugmy v The Queen (1990) 169 CLR 525; [1990] HCA 18 Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221 Quinn v R [2018] NSWCCA 297 R v Allpass (1993) 72 A Crim R 561 R v Callaghan [2006] NSWCCA 58; (2006) 160 A Crim R 145 Regina v Daetz; Regina v Wilson [2003] NSWCCA 216; (2003) 139 A Crim R 398 Zreika v R [2012] NSWCCA 44; (2012) 223 A Crim R 460 Texts Cited: Nil Category: Principal judgment Parties: Andrew John Krzykalski Aka Andrew Palmer (Applicant) The King (Respondent) Representation: Counsel: P Coady (Applicant) S Traynor (Respondent)