Hudson v R [2016] NSWCCA 30

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hudson v R [2016] NSWCCA 30 Hearing dates: 1 March 2016 Decision date: 07 March 2016 Before: Bathurst CJ at [1]; Hall J at [2]; R A Hulme J at [3] Decision: 1. Leave to appeal against sentence granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW – appeal – appeal against sentence – armed robbery – no error in assessment of objective seriousness – offence involved extensive planning – different conclusions reached by sentencing judges of co-offenders does not reveal error – assessment of "well above" the middle of the range open to be made – sentence not manifestly excessive – quoting entire victim impact statement in sentencing remarks did not represent undue regard – inadvertent misstatement of criminal history of no material consequence – lengthy sentence required despite unfortunate upbringing – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) s 97(2) Cases Cited: Bugmy v The Queen [2013] HCA 37; 249 CLR 571 Mulato v R [2006] NSWCCA 282 R v Henry [1999] NSWCCA 111; 46 NSWLR 346 R v McNaughton [2006] NSWCCA 242; 66 NSWLR 566 R v Millwood [2012] NSWCCA 2 Category: Principal judgment Parties: Damien Lee Hudson (Applicant) Regina (Respondent) Representation: Counsel: Ms M Avenell (Applicant) Mr H Baker (Crown)

Solicitors: Legal Aid NSW Solicitor for Public Prosecutions File Number(s): 2012/370330 Decision under appeal Court or tribunal: District Court Date of Decision: 9 October 2014 Before: McLoughlin DCJ File Number(s): 2012/370330