Pali v R [2013] NSWCCA 65

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Pali v R [2013] NSWCCA 65 Hearing dates: 19 March 2013 Decision date: 27 March 2013 Before: Basten JA at [1]; Simpson J at [25]; Blanch J at [26] Decision: (1) Grant leave to the applicant to appeal against each of the sentences imposed by the District Court on 10 May 2012. (2) In respect of each sentence, dismiss the appeal. Catchwords: CRIMINAL LAW - appeal - sentencing - assault occasioning actual bodily harm in circumstances of aggravation - robbery of victim of assault - whether sentencing judge failed to take into account a mitigating factor that offences not planned or organised - Sentencing Procedure Act 1999 (NSW), s 21A(3)(b) - where not established whether or not the offence was part of a planned or organised criminal activity - where mitigating factor not relied upon by offender's representative in court below

CRIMINAL LAW - appeal - sentencing - whether manifestly excessive - where offences of a like kind attracted lesser sentences - where offender had unfavourable personal circumstances Legislation Cited: Crimes Act 1900 (NSW), s 112 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A, 44 Cases Cited: Bolt v Regina [2012] NSWCCA 50 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 Ngati v R [2008] NSWCCA 3; 180 A Crim R 384 R v Terkmani [2009] NSWCCA 142; 195 A Crim R 298 Romero v R [2011] VSCA 45; 206 A Crim R 519 Zreika v R [2012] NSWCCA 44 Category: Principal judgment Parties: Kevin William Pali (Applicant) Regina (Respondent) Representation: Counsel: