DO v R [2014] NSWCCA 189

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: DO v R [2014] NSWCCA 189 Hearing dates: 4 September 2014 Decision date: 25 September 2014 Before: Gleeson JA at [1]; Fullerton J at [94]; Garling J at [95] Decision: 1. Leave to appeal is granted. 2. Appeal allowed. 3. The sentence imposed in the District Court on 12 August 2013 is quashed. 4. The applicant is sentenced to imprisonment comprising a non-parole period of 13 months and 15 days commencing on 11 August 2013 and expiring on 25 September 2014 with a balance of term of 13 months and 15 days commencing on 26 September 2014 and expiring on 10 November 2015. The applicant is to be released to parole on 26 September 2014. Catchwords: CRIMINAL LAW - Appeal - Appeal against sentence - Whether trial judge failed to take into account applicant's limited intellectual capacity and vulnerability to manipulation - Whether some other sentence warranted at law - Consideration of sentence imposed on co-offender - Whether sentence imposed adequately reflected different roles, moral culpability, and subjective circumstances Legislation Cited: Crimes Act 1900 (NSW) ss 61I, 66C(4) Crimes (Sentencing Procedure) Act 1999 (NSW) s 12 Criminal Appeal Act 1912 (NSW) s 6(3) Cases Cited: Aslan v R [2014] NSWCCA 114 Ayshow v R [2011] NSWCCA 240 Beldon v R [ 2012] NSWCCA 194 Elturk v R [2014] NSWCCA 61 Green v The Queen; Quinn v The Queen [2011] HCA 49; 244 CLR 462 McLaren v R [2012] NSWCCA 284 Muldrock v R [2011] HCA 39; 244 CLR 120 R v Engert (1995) 84 A Crim R 67 R v Koloamatangi [2011] NSWCAA 288 R v Postiglione [1997] HCA 26; 189 CLR 295 Sheen v R [2011] NSWCCA 259 Zreika v R [2012] NSWCCA 44 Category: Principal judgment Parties: DO (Applicant) Regina (Crown) Representation: Counsel: R Burgess (Applicant) N Adams (Crown) Solicitors: Legal Aid NSW (Applicant) S Kavanagh - Solicitor for Public Prosecutions (Crown) File Number(s): 2011/197144 Publication restriction: No Decision under appeal Jurisdiction: 9101 Date of Decision: 2013-08-12 00:00:00 Before: Maiden DCJ File Number(s): 2011/197144