Cross v R [2016] NSWCCA 214

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Cross v R [2016] NSWCCA 214 Hearing dates: 9 September 2016 Date of orders: 07 October 2016 Decision date: 07 October 2016 Before: Beazley P at [1] Garling J at [2] Hidden AJ at [100] Decision: (1) Leave to appeal granted. (2) Sentence imposed in the District Court on 20 March 2015 is quashed. (3) In lieu thereof, the applicant is sentenced to imprisonment for a non-parole period of 2 years commencing on 13 April 2015, and expiring on 12 April 2017, with a balance of term of 1 year and 6 months expiring on 12 October 2018. Catchwords: CRIMINAL LAW – interfering with a prosecution witness with the intention of procuring an acquittal on serious indictable offences – Crimes Act 1900, ss 323(a), 324 – where offender made numerous telephone calls to prosecution witness to persuade her to give false evidence – where prosecution witness was the victim of the serious indictable offences with which the offender was charged – whether the sentencing judge erred in assessing the objective seriousness of the offending – whether the sentencing judge took irrelevant material into account – whether the sentence was manifestly excessive Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Criminal Code 1995 (Cth) Cases Cited: Asplund v R [2014] NSWCCA 237 Barbaro v R; Zirilli v R [2014] HCA 2; (2014) 253 CLR 58 Cullen v R [2014] NSWCCA 162 Gal v R [2015] NSWCCA 242 Hili v The Queen; Jones v R [2010] HCA 45; (2010) 242 CLR 520 R v Burton [2008] NSWCCA 128 R v Vuni [2006] NSWCCA 171 Texts Cited: Not Applicable Category: Principal judgment Parties: Benjamin James Cross (Applicant) Crown Representation: Counsel: S Bouveng (Applicant) E Balodis (Crown)