R v Murrell [2012] NSWCCA 90

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Murrell [2012] NSWCCA 90 Hearing dates: 10 October 2011 Decision date: 09 May 2012 Before: McClellan CJ at CL Latham J Harrison J Decision: Appeal dismissed Catchwords: CRIMINAL LAW - Crown appeal - sentencing - robbery in company (s 97(1) Crimes Act 1900 (NSW)) - aggravated break and enter and intimidate whilst armed with an offensive weapon (s 112(2) of the Crimes Act 1900 (NSW)) - whether sentence adequately reflects objective seriousness - whether non-parole period reflects objective gravity of s 112 (2) offence - whether an excessive degree of partial concurrency was applied - whether each sentence and aggregate sentence were manifestly inadequate - the sentence for the break and enter offence fails to adequately reflect the objective gravity of offence even when taking into consideration the relevant subjective factors - the accumulation of the sentences falls considerably short of the total criminality - residual discretion exercised - appeal dismissed. Legislation Cited: Crimes Act (1900) Crimes (Sentencing Procedure) Act 1999 Cases Cited: Muldrock v the Queen [2011] HCA 39 Muldrock v The Queen [2005] HCA ; 228 CLR 357 R v Koloamatangi [2011] NSWCCA 288 Markarian v The Queen [2005] HCA 25; 228 CLR 357 Zreika v The Queen [2012] NSWCCA 44 R v Henry & Ors, [1999] NSWCCA 111 R v MAK & MSK [2006] NSWCCA 381 Green v The Queen ; Quinn v The Queen [2011] HCA 49 Category: Principal judgment Parties: Regina - (Crown Applicant) Aaron Leigh Murrell - (Respondent) Representation: Counsel J Girdham (Crown Applicant) C Smith - (Respondent) Solicitors S Kavanagh - (Solicitor for Public Prosecutions) - (Crown Applicant) B Sandland - (Legal Aid Commission) (Respondent) File Number(s): 2009/51025 2010/222921 Decision under appeal Date of Decision: 2011-04-25 00:00:00 Before: ML Sides QC DCJ File Number(s): 2009/51025 2010/222921