AH v R [2013] NSWCCA 32

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: AH v R [2013] NSWCCA 32 Hearing dates: 15 November 2012 Decision date: 21 February 2013 Before: McClellan CJ at CL Rothman J Bellew J Decision: (i) Leave to appeal granted. (ii) Appeal dismissed. Catchwords: CRIMINAL LAW - manslaughter - extended joint criminal enterprise - agreed facts - where agreement did not extend to an agreement as to the nature of the applicant's participation - whether sentencing judge misconstrued the basis of the applicant's plea - whether sentencing judge confused joint criminal enterprise with extended joint criminal enterprise - whether sentencing judge erred in assessment of objective gravity of the offending - whether sentencing judge gave too much weight to general deterrence in light of applicant's youth - whether there was disparity in the sentence imposed on the applicant when compared with sentences imposed on co-offenders - whether sentence manifestly excessive Legislation Cited: Children (Criminal Proceedings) 1987 Law Enforcement (Powers and Responsibilities) Act 2002 Cases Cited: KT v R [2008] NSWCCA 51; (2008) 182 A Crim R 571 Mulato v R [2006] NSWCCA 282 R v Barghachoun [2012] NSWCCA 1534 Category: Sentence Parties: AH (Applicant) Crown (Respondent) Representation: A Francis (Applicant) H Wilson (Respondent) Legal Aid New South Wales (Applicant) Solicitor for Public Prosecutions (NSW) (Respondent) File Number(s): 2009/59632 Publication restriction: Nil Decision under appeal Citation: R v AH [2011] NSWSC 1535 Date of Decision: 2011-12-13 00:00:00 Before: Johnson J File Number(s): 2009/59632