Boyd v R [2012] NSWCCA 279

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Boyd v R [2012] NSWCCA 279 Hearing dates: 30 October 2012 Decision date: 14 December 2012 Before: Basten JA at [1] Adams J at [2] R A Hulme J at [3] Decision: Leave to appeal granted. Appeal dismissed. Catchwords: CRIMINAL LAW - appeal against sentence - past criminal history not in itself relevant to finding of remorse or contrition - sentencing judge entitled to reject evidence of remorse CRIMINAL LAW - appeal against sentence - whether sentencing judge erred in not finding special circumstances - discretionary decision - judge adverted to the issue but declined to make the finding - no error Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Alvares v R; Farache v R [2011] NSWCCA 33 Bugmy v The Queen [1990] HCA 18; (1990) 169 CLR 525 Caristo v R [2011] NSWCCA 7 Deakin v The Queen [1984] HCA 31; (1984) 58 ALJR 367 Hili v The Queen; Jones v The Queen [2010] HCA 45, (2010) 242 CLR 520 Power v The Queen [1974] HCA 26; (1974) 131 CLR 623 Rees v R [2012] NSWCCA 47 R v Wickham [2004] NSWCCA 193 Category: Principal judgment Parties: Darren John Boyd (Applicant) Regina (Respondent) Representation: Counsel: Ms N Mikhaiel (Applicant) Ms H Wilson (Respondent) Solicitors: Aboriginal Legal Service Solicitor for Public Prosecutions File Number(s): 2010/8469 Decision under appeal Jurisdiction: 9101 Date of Decision: 2011-03-18 00:00:00 Before: King DCJ File Number(s): 2010/245927