R v Jennar [2014] NSWCCA 331

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Jennar [2014] NSWCCA 331 Hearing dates: 1 December 2014 Decision date: 19 December 2014 Before: Leeming JA at [1]; McCallum J at [2]; R A Hulme J at [3] Decision: Crown appeal dismissed Catchwords: CRIMINAL LAW - Crown appeal against sentence - multiple armed robberies - shoot with intent to murder - significant objective seriousness - Court invited by Crown to view CCTV footage - waste of time - motive related to drug addiction - no error in concluding that crimes not motivated principally by greed - aggregate sentence - principle of totality - no utility in assessment of overall sentence in singling out one component and regarding balance as being referrable to remainder - sentence not manifestly inadequate Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Cases Cited: Bugmy v The Queen [2013] HCA 37; 249 CLR 571 Cahyadi v R [2007] NSWCCA 1; 168 A Crim R 41 JM v R [2014] NSWCCA 297 R v Henry [1999] NSWCCA 111; 46 NSWLR 346 R v XX [2009] NSWCCA 115; 195 A Crim R 38 Category: Principal judgment Parties: Regina (Applicant) Ryker Scott Jennar (Respondent) Representation: Counsel: Ms V Lydiard (Crown) Ms A Francis (Respondent) Solicitors: Solicitor for Public Prosecutions Legal Aid NSW File Number(s): 2011/381712 Decision under appeal Jurisdiction: 9101 Date of Decision: 2014-05-01 00:00:00 Before: Hanley SC DCJ File Number(s): 2011/381712