XE v R [2023] NSWCCA 96

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: XE v R [2023] NSWCCA 96 Hearing dates: 6 February 2023 Date of orders: 24 April 2023 Decision date: 24 April 2023 Before: Adamson JA at [1]; N Adams J at [2]; Weinstein J at [60]. Decision: (1) Leave to appeal is granted. (2) The appeal is dismissed. Catchwords: CRIME – appeal – appeal against sentence – applicant convicted of murder based on joint criminal enterprise to kill as act of revenge – applicant 17 years old acting with father and brother – whether sentence was manifestly excessive – no challenge to findings made by the sentencing judge – sentencing judge had regard to all relevant factors in determining sentence including youth immaturity and father's influence – applicant presented favourable subjective case on sentence – sentence not unreasonable or plainly unjust – leave to appeal granted – appeal dismissed Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), s 15A Crimes Act 1900 (NSW), s 18(1)(a) Criminal Appeal Act 1912 (NSW), s 5(1)(c) Cases Cited: Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221 XE [& ors] [2021] NSWSC 885 Sarhene v R [2022] NSWCCA 79 Category: Principal judgment Parties: XE (Applicant) Crown (Respondent) Representation: Counsel: Mr G Woods KC with T Woods (Applicant) Mr D Scully (Respondent)

Solicitors: Tohi Lawyers (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2017/202637 Publication restriction: Pursuant to s 15A Children (Criminal Proceedings) Act 1987 (NSW) the name of the applicant cannot be published. Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Common Law Citation: [2021] NSWSC 885 Date of Decision: 22 July 2021 Before: Ierace J File Number(s): 2017/202637