R v Farrell [2014] NSWCCA 30

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Farrell [2014] NSWCCA 30 Hearing dates: 24 February 2014 Decision date: 14 March 2014 Before: Hoeben CJ at CL at [1] Adams J at [2] R A Hulme J at [3] Decision: Crown appeal dismissed Catchwords: CRIMINAL LAW - Crown appeal against sentence - s 11 Crimes (Sentencing Procedure) Act 1999 (NSW) adjournment amenable to appeal under s 5D Criminal Appeal Act 1912 (NSW) - failing to impose a sentence where one is demonstrably called for is a manifestly inadequate exercise of sentencing discretion -error in concluding need for surgery supported disposition under s 11 - no benefit in deferring sentencing to enable offender to undertake supervised rehabilitation - sentencing direction miscarried - residual discretion - no practical benefit in allowing appeal - appeal dismissed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Firearms Act 1996 (NSW) Cases Cited: Green v The Queen; Quinn v The Queen [2011] HCA 49; 244 CLR 462 House v The King [1936] HCA 40; 55 CLR 499 R v Brown [2009] NSWCCA 6; 193 A Crim R 574 R v Palu [2002] NSWCCA 381; 134 A Crim R 174 R v Rayment [2010] NSWCCA 85; 200 A Crim R 48 R v Trindall [2002] NSWCCA 364; 133 A Crim R 119 Thalari v R [2009] NSWCCA 170; 75 NSWLR 307 Category: Principal judgment Parties: Regina (Applicant) Shannon Farrell (Respondent) Representation: Counsel: Ms H Wilson SC (Crown) Mr G James QC with Mr P Lange (Respondent) Solicitors: Solicitor for Public Prosecutions Turnbull Lawyers File Number(s): 2013/36983 Decision under appeal Jurisdiction: 9101 Date of Decision: 2013-11-21 00:00:00 Before: Hanley SC DCJ File Number(s): 2013/36983