Barker v R [2024] NSWCCA 227

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Barker v R [2024] NSWCCA 227 Hearing dates: 2 December 2024 Date of orders: 6 December 2024 Decision date: 06 December 2024 Before: Hamill J at [1]; N Adams J at [2]; Sweeney J at [3] Decision: 1. Grant leave to appeal. 2. Allow the appeal. 3. Quash the sentence imposed in the District Court and in lieu thereof sentence the applicant to an aggregate sentence of 14 months imprisonment to be served by way of Intensive Correction Order commencing on 6 December 2024. 4. The Intensive Correction Order is subject to the following conditions: (i) The applicant must not commit any offence. (ii) The applicant must submit to supervision by a Community Corrections Officer. (iii) To attend where reasonably practicable any rehabilitation program recommended by an officer of Corrective Services supervising him in connection with the Intensive Correction Order, directed at anger management, drug or alcohol abuse, domestic violence or impulse control. Catchwords: CRIME — Appeals — Appeal against sentence — Where sentencing judge took into account applicant's juvenile criminal record — Where sentencing judge erroneously took into account unproved allegations — Bugmy v The Queen Legislation Cited: Crimes Act 1900 (NSW) Children (Criminal Proceedings) Act 1987 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Mandranis v R [2021] NSWCCA 97 The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54 Texts Cited: Nil Category: Principal judgment Parties: Jaleel Barker (Applicant) Rex (Crown) (Respondent) Representation: Counsel: D Carroll (Applicant) J Roy (Respondent)