CL v R [2014] NSWCCA 196

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: CL v R [2014] NSWCCA 196 Hearing dates: 19 September 2014 Decision date: 29 September 2014 Before: Hoeben CJ at CL at [1] Fullerton J at [2] Adamson J at [3] Decision: 1. Leave to appeal granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW - appeal against aggregate sentence - corrupt conduct by serving police officer - Detective Sergeant - weight to be accorded to relevant factors a matter for the sentencing judge - applicant bound by his counsel's consent to tender agreed facts at sentence hearing - no disparity between co-offenders as different charges were laid - fact that applicant's offending conduct was intercepted by diligent policing before it could run its intended course did not ameliorate the applicant's criminality - sentence not manifestly excessive Legislation Cited: Crimes Act 1900 (NSW), ss 99, 111, 117, 178BA, 188, 249B, 249F, 308C Crimes (Sentencing Procedure) Act 1999 (NSW), ss 24B, 44, 53A Criminal Appeal Act 1912 (NSW), s 5 Cases Cited: Dinsdale v R [2000] HCA 54; 202 CLR 321 Gas v The Queen; SJK v The Queen [2004] HCA 22; 217 CLR 198 Green v The Queen [2011] HCA 49; 244 CLR 462 Hili v The Queen [2010] HCA 45; 242 CLR 520 Jimmy v R [2010] NSWCCA 60; 77 NSWLR 540 Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357 R v Hilder (Court of Criminal Appeal (NSW), 13 May 1993, unrep) R v Irwin [1999] NSWCCA 361 R v Olbrich [1999] HCA 54; 199 CLR 270 R v Perez-Vargas (1987) 8 NSWLR 559 R v Todd [1982] 2 NSWLR 517 Ryan v The Queen [2001] HCA 21; 206 CLR 267 Weininger v The Queen [2003] HCA 14; 212 CLR 629 Wong v The Queen [2001] HCA 64; 207 CLR 584 Yousif v R [2014] NSWCCA 180 Zreika v R [2012] NSWCCA 44 Category: Principal judgment Parties: CL (Applicant) Crown (Respondent) Representation: Counsel: Applicant (self-represented) N Adams (Respondent) Solicitors: S. Kavanagh, Solicitor for Public Prosecutions (Respondent) File Number(s): 2009/7413 Publication restriction: Nil Decision under appeal Date of Decision: 2012-04-05 00:00:00 Before: Williams DCJ File Number(s): 2009/7413