Fuller v R [2023] NSWCCA 282

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Fuller v R [2023] NSWCCA 282 Hearing dates: 14 August 2023 Date of orders: 14 August 2023 Decision date: 13 November 2023 Before: Adamson JA at [1] Wright J at [2] Fagan J at [72] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIMINAL LAW – appeals – appeals against sentence – whether sentencing judge erroneously took into account criminal history as an aggravating factor rendering the offending more objectively serious – remarks to be read as a whole – no error established – appeal dismissed CRIMINAL LAW – appeals – appeals against sentence – manifest excess – where non-parole period in excess of statutory ratio – sentence not unreasonable or plainly unjust – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW), s 31(1) Crimes (Sentencing Procedure) Act 1999 (NSW), s 3A, 21A(2)(d), 56 Cases Cited: Cherry v R [2017] NSWCCA 150 Honeysett v R [2023] NSWCCA 138 R v Nahlous [2013] NSWCCA 90; 228 A Crim R 50 R v Shankley [2003] NSWCCA 253 Sampson v R [2023] NSWCCA 239 The Queen v Pham (2015) 256 CLR 550; [2015] HCA 39 Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14 Category: Principal judgment Parties: Justin Fuller (Applicant) Rex (Respondent) Representation: Counsel: S Kluss (Applicant) E Wilkins SC (Respondent)