Evans v R [2012] NSWCCA 59

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Evans v R [2012] NSWCCA 59 Hearing dates: 9 February 2012 Decision date: 09 February 2012 Before: McClellan CJ at CL at [1] Johnson J at [29] Rothman J at [31] Decision: Leave to appeal refused Catchwords: CRIMINAL LAW - appeal - sentence - whether the trial judge failed to account for the fact that an offence could have been dealt with in the Local Court - determination of objective seriousness in circumstances where there is no standard non-parole period for an offence - whether the trial judge considered an irrelevant factor in determining objective seriousness - whether the total sentence reflected the criminality of the offences committed - leave to appeal against sentence refused. Legislation Cited: Crimes Act 1900 Cases Cited: Bonwick v R [2010] NSWCCA 177 Dagdanasar v R [2010] NSWCCA 310 Lewis v R [2011] NSWCCA 206 Palmer v R [2005] NSWCCA 349 Pearce v R (1998) 194 CLR 610 R v EI Masri [2005] NSWCCA 167 R v Koloamatangi [2011] NSWCCA 288 Category: Principal judgment Parties: Todd Evans (Applicant) The Crown Representation: Counsel: K H Averre (Applicant) M M Cinque (Crown) Solicitors: Legal Aid of NSW (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2010/147454 Decision under appeal Date of Decision: 2010-12-15 00:00:00 Before: McLoughlin DCJ File Number(s): 2010/147454