AJ v R [2023] NSWCCA 235

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: AJ v R [2023] NSWCCA 235 Hearing dates: 18 September 2023 Date of orders: 6 October 2023 Decision date: 06 October 2023 Before: Simpson AJA at [1] Price J at [2] Davies J at [3] Decision: (1) Grant leave to appeal. (2) Uphold the appeal. (3) Quash the sentence imposed in the District Court on 13 March 2023. (4) In lieu, sentence the applicant to a non-parole period of 12 months commencing 26 December 2022 and expiring 25 December 2023 with a balance of term of 2 years and 3 months expiring 25 March 2026. (5) The applicant is first eligible for parole on 26 December 2023. Catchwords: CRIME – appeals – appeal against sentence – sentencing of children – 15-year-old commits serious offence of aggravated robbery causing grievous bodily harm – whether sentencing judge erred in failing to have regard to youth in assessing moral culpability and weight afforded to general deterrence – errors established – where same sentencing judge sentenced co-offender – where same errors were established and co-offender re-sentenced on appeal – whether re-sentence imposed upon co-offender gives rise to a justifiable sense of grievance – issue of parity warrants re-sentence – appeal upheld – re-sentence Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) ss 3, 6, 12 Crimes Act 1900 (NSW) ss 96, 97, 99 Cases Cited: BP v R [2010] NSWCCA 159; (2010) 201 A Crim R 379 Blanch v R [2019] NSWCCA 304 JA v R [2021] NSWCCA 10 KT v R [2008] NSWCCA 51; (2008) 182 A Crim R 571 Paul Campbell v R [2018] NSWCCA 87 R v Suliasi Taumalolo; R v Mateaki Taumalolo; R v Mayol; R v ST; R v ET [2022] NSWSC 1696 TM v R [2023] NSWCCA 185 Taylor v R [2018] NSWCCA 255 Texts Cited: Nil Category: Principal judgment Parties: AJ (Applicant) The King (Respondent) Representation: Counsel: S Howell & B Kennedy (Applicant) E Wilkins SC (Respondent)