Ingrey v R [2016] NSWCCA 31

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ingrey v R [2016] NSWCCA 31 Hearing dates: 17 February 2016 Date of orders: 07 March 2016 Decision date: 07 March 2016 Before: Hoeben CJ at CL at [1] Adams J at [51] Fullerton J at [52] Decision: (1) Leave to appeal is granted and the appeal is allowed. (2) The sentence imposed by King SC DCJ on 16 February 2015 is quashed. (3) In lieu thereof, the applicant is sentenced to a term of imprisonment of 9 years, commencing 13 December 2015, with a non-parole period of 5 years expiring 12 December 2020. The balance of term is 4 years which will expire on 12 December 2024. Catchwords: CRIMINAL LAW – sentence appeal – applicant found guilty after trial of one count of attempted robbery armed with a dangerous weapon – whether sentencing judge took into account social disadvantage of applicant – social disadvantage not adequately treated – need to re-sentence – family background taken into account – interplay of conflicting sentencing considerations – age of applicant – applicant already serving sentences for other offences – sentence reduced. Legislation Cited: Crimes Act 1900 - ss 97(2) and 344A(1) Cases Cited: Bugmy v The Queen [2013] HCA 37; 249 CLR 571 Callaghan v R [2006] NSWCCA 58 House v R [1936] HCA 40; 55 CLR 499 Jinnette v R [2012] NSWCCA 217 Kentwell v The Queen [2014] HCA 37; 88 ALJR 947 Munda v Western Australia [2013] HCA 38; 249 CLR 600 R v Fernando [1992] 76 A Crim R 58 R v Henry [1999] NSWCCA 111; 106 A Crim R 149 Category: Principal judgment Parties: Clifford Ingrey – Applicant Regina – Respondent Crown Representation: Counsel: Mr P Segal – Applicant Ms S Dowling SC – Respondent Crown