MF v R [2024] NSWCCA 42

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: MF v R [2024] NSWCCA 42 Hearing dates: 28 February 2024 Date of orders: 15 March 2024 Decision date: 15 March 2024 Before: Garling J at [1] Wilson J at [2] Cavanagh J at [3] Decision: (1) Leave to appeal is granted. (2) The appeal against sentence is allowed. (3) The sentence of Judge Ingram SC of 9 December 2022 is quashed. (4) In lieu thereof, the applicant is sentenced to a term of imprisonment of four years and ten months commencing on 23 December 2020, with a non-parole period of three years and one month ending on 22 January 2024. The applicant is thus now eligible for parole. (5) The order of the sentencing judge that, pursuant to s 19(1) of the Children (Criminal Proceedings) Act 1987 the applicant serve the entirety of the sentence as a juvenile offender is confirmed. Catchwords: CRIME – appeals – appeal against sentence – whether sentencing judge failed to have regard to applicant's youth in assessing moral culpability and the role of general deterrence – whether the relevance of the applicant's youth to these factors adequately explained – relationship between moral culpability and objective seriousness Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), ss 6, 19 Crimes Act 1900 (NSW), s 33 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A Cases Cited: Chandler v R [2023] NSWCCA 59 Director of Public Prosecutions (Cth) v De La Rosa (2000) 79 NSWLR 1 DL v The Queen (2018) 265 CLR 215 DS v R; DM v R (2022) 109 NSWLR 82 Kentwell v The Queen (2014) 252 CLR 601 KT v R (2008) 182 A Crim R 571 Lloyd v R [2022] NSWCCA 18 Mifsud v Campbell (1991) 21 NSWLR 725 Muldrock v The Queen (2011) 244 CLR 120 Ney v R [2023] NSWCCA 252 Paterson v R [2021] NSWCCA 273 R v Eaton [2023] NSWCCA 125 R v Henry (1999) 46 NSWLR 346 Sarhene v R [2022] NSWCCA 79 Taylor v R [2018] NSWCCA 255 TM v R [2023] NSWCCA 185 Turnbull v R [2019] NSWCCA 97 Category: Principal judgment Parties: MF (Applicant) Rex (Respondent) Representation: Counsel: J Brock (Applicant) S Lind (Respondent)