Brown v R [2024] NSWCCA 72

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Brown v R [2024] NSWCCA 72 Hearing dates: 28 February 2024 Date of orders: 15 May 2024 Decision date: 15 May 2024 Before: Garling J at [1]; Wilson J at [2]; Cavanagh J at [89] Decision: (1) Extend the time in which to file the application for leave to appeal until 6 November 2023; (2) Grant leave to appeal; (3) Allow the appeal; (4) Set aside the sentence imposed in the District Court of New South Wales on 3 March 2023 and, in lieu, impose an aggregate sentence of 5 years and 9 months imprisonment, to date from 20 January 2022, expiring on 19 October 2027, with a non-parole period of 3 years imprisonment, expiring on 19 January 2025. Catchwords: CRIME – appeals – appeal against sentence – four separate sets of offences – possess unauthorised pistol – appeal against sentence – where Crown did not elect to proceed on indictment for Table 2 offence but sentencing judge relied upon indictable maximum penalty instead of summary maximum penalty – Crown conceded error – resentence Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Criminal Appeal Act 1912 (NSW) Criminal Procedure Act 1986 (NSW) Firearms Act 1996 (NSW) Cases Cited: Attorney-General's Application Under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146; [2002] NSWCCA 518 Higgins v R [2020] NSWCCA 169 JG v R [2023] NSWCCA 33 Kentwell v R (2014) 252 CLR 601; [2014] HCA 37. Martellotta v R [2021] NSWCCA 168 McDowall v R [2019] NSWCCA 29 Thorp v R [2022] NSWCCA 180 Unity Pty Ltd v SafeWork NSW [2018] NSWCCA 266 Category: Principal judgment Parties: Brown (Applicant) Rex (Respondent) Representation: Counsel: K Averre (Applicant) S Traynor (Respondent)