Church v R [2012] NSWCCA 149

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Church v R [2012] NSWCCA 149 Hearing dates: 18 June 2012 Decision date: 10 July 2012 Before: McClellan CJ at CL at [1] Price J at [2] Button J at [3] Decision: (1)Leave to appeal granted. (2)Appeal dismissed. Catchwords: CRIMINAL LAW - appeal against sentence - perverting the course of justice by omission - no error in forming opinion as to the sentence that ought to have been imposed - no error in taking into account sentence that ought to have been imposed - no failure to take into account extra-curial punishment - no error in finding specific deterrence was a significant consideration - sentence not manifestly excessive Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: House v R [1936] HCA 40; (1936) 55 CLR 499 Kenny v R [2010] NSWCCA 6 Markarian v R [2005] HCA 25; (2005) 228 CLR 257 R v Allpass (1993) 72 A Crim R 561 R v Einfeld [2010] NSWCCA 87; (2010) 200 A Crim R 1 R v Nguyen [2004] NSWCCA 332; (2004) 149 A Crim R 343 Category: Principal judgment Parties: Leanne Tracey Church (applicant) Regina (respondent) Representation: Counsel: R Burgess (applicant) R Herps (respondent) Solicitors: Legal Aid NSW (applicant) Solicitor for Public Prosecutions (respondent) File Number(s): 2010/91962 Decision under appeal Jurisdiction: 9101 Date of Decision: 2011-10-14 00:00:00 Before: Colefax DCJ File Number(s): 2010/91962