R v CONNELL [2013] NSWCCA 155

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v CONNELL [2013] NSWCCA 155 Hearing dates: 11 June 2013 Decision date: 03 July 2013 Before: Hoeben CJ at CL at [1] Harrison J at [65] Beech-Jones J at [66] Decision: Crown appeal dismissed. Catchwords: CRIMINAL LAW - sentence appeal - 13 counts of demand money with menaces with intent and 11 counts of knowingly deal with the proceeds of crime - initial demand and threat not made by offender - Crown appeal - substantial overlap in offending - money laundering counts directly related to demand counts - inappropriateness of Crown relying on parity principle - general deterrence - whether sentences aggregated was manifestly inadequate - Crown appeal dismissed. Legislation Cited: Crimes Act 1900 - s99(2), s193B(2) Crimes (Sentencing Procedure) Act 1999 - s53A Criminal Appeal Act, 1912 - s5D Cases Cited: Brent Redfern v R [2012] NSWCCA 178 Delaney v R; R v Delaney [2013] NSWCCA 150 House v R [1936] HCA 40; 55 CLR 499 Jiang v R [2010] NSWCCA 277 Lowndes v R [1999] HCA 29; 195 CLR 665 Markarian v R [2005] HCA 25; 228 CLR 357 Pearce v R [1998] HCA 57; 194 CLR 610 R v Nykolyn [2012] NSWCCA 219 Category: Principal judgment Parties: Regina - Applicant Crown Joseph Glen Connell - Respondent Representation: Counsel: Mr R Herps - Applicant/Crown Mr I McLachlan - Respondent Solicitors: S Kavanagh - Solicitor for Public Prosecutions - Applicant Crown Marsdens Law Group - Respondent File Number(s): 2010/298498 Decision under appeal Date of Decision: 2012-12-17 00:00:00 Before: Charteris DCJ File Number(s): 2010/298498