Richards v R [2023] NSWCCA 264

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Richards v R [2023] NSWCCA 264 Hearing dates: 21 September 2023 Date of orders: 3 November 2023 Decision date: 03 November 2023 Before: Ward P at [1] Davies J at [5] N Adams J at [78] Decision: (1) Grant leave to appeal. (2) Dismiss the appeal. Catchwords: CRIME – appeals – appeal against sentence – solicit person to kidnap, detain and threaten to pervert the course of justice – where applicant and her ex-husband were involved in acrimonious Family Court proceedings – applicant wanted ex-husband detained and threatened until he agreed to apportionment of property – undercover operative acted as go-between between applicant and "enforcer" – whether sentencing judge failed to take account of involvement of undercover operative when assessing objective seriousness of the offending – extent to which such involvement impacted the finding of objective seriousness entirely a matter for sentencing judge – applicant was not encouraged or entrapped by undercover operative – ground not upheld CRIME – appeals – appeal against sentence – whether applicant was denied procedural fairness given sentencing judge's qualified finding of remorse – where sentencing judge asked counsel if she intended to call the applicant and counsel did not – applicant does not need to be put on notice that a qualified finding would be made – no denial of procedural fairness – ground not upheld CRIME – appeals – appeal against sentence – whether sentencing judge failed to consider applicant's mental health issues and their impact on moral culpability – where psychiatric and psychological reports disclosed an alcohol use disorder, anxiety disorder and depressive illness – sentencing judge referred to mental health issues but did not say whether or how it reduced moral culpability – diagnosed conditions somewhat related to offending – ground upheld – no lesser sentence warranted given serious threats of violence and gravity of offences of this kind – appeal dismissed Legislation Cited: Crime (Sentencing Procedure) Act 1999 (NSW) s 21A Crimes Act 1900 (NSW) s 319 Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 14 Cases Cited: Camilleri v R [2023] NSWCCA 106 DS v R; DM v R (2022) 109 NSWLR 82; [2022] NSWCCA 156 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Edmonds v R [2022] NSWCCA 103 House v The King (1936) 55 CLR 499 Imbornone v R [2017] NSWCCA 144 Jomaa v R [2022] NSWCCA 112 Khoury v R [2011] NSWCCA 118; (2011) 209 A Crim R 509 Lloyd v R [2022] NSWCCA 18 Luque v R [2017] NSWCCA 226 Mandranis v R [2021] NSWCCA 97; (2021) 289 A Crim R 260 Moiler v R [2021] NSWCCA 73 Pfitzner v R [2010] NSWCCA 314 R v Anderson (1987) 32 A Crim R 146 R v Palu [2002] NSWCCA 381; (2002) 134 A Crim R 174 R v Qutami [2001] NSWCCA 353; (2001) 127 A Crim R 369 R v Reid [2016] NSWCCA 151 R v Taouk (1992) 65 A Crim R 387 Paterson v R [2021] NSWCCA 273 Stanley v Director of Public Prosecutions (NSW) [2023] HCA 3; (2003) 97 ALJR 107; 407 ALR 222 Zheng v R [2023] NSWCCA 64 Texts Cited: Nil Category: Principal judgment Parties: Michelle Nicole Richards (Applicant) The King (Respondent) Representation: Counsel: S Kluss (Applicant) J Styles (Respondent)