R v Crumpton [2016] NSWCCA 261

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Crumpton [2016] NSWCCA 261 Hearing dates: 2 September 2016 Date of orders: 28 November 2016 Decision date: 28 November 2016 Before: Beazley P at [1] Davies J at [2] Garling J at [98] Decision: (1) Appeal allowed.

(2) Quash the sentences imposed in the District Court on 28 April 2016.

(3) Refer the Respondent for assessment as to his suitability for intensive correction in the community, pursuant to Div 3 of Pt 5 of the Crimes (Sentencing Procedure) Act.

(4) Adjourn the proceedings for that purpose. Catchwords: CRIMINAL LAW – appeal - sentencing - crown appeal - operate aircraft in manner reckless as to endanger life and endanger a person – respondent flew plane below minimum level prescribed – plane hit power lines – one passenger killed and other seriously injured – respondent sentenced to imprisonment but immediately released on recognisance – whether sentences manifestly inadequate – failure of sentencing judge to assess objective seriousness – taking into account irrelevant consideration of maximum penalties for all offences – significance of general deterrence – whether adequately dealt with by suspended sentence – whether sentences should have been concurrent – whether residual discretion should be exercised – sentences manifestly inadequate – re-sentence

EVIDENCE – application to adduce further evidence on appeal – whether fresh evidence – evidence available at time of sentence – whether miscarriage of justice Legislation Cited: Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Cases Cited: Betts v The Queen [2016] HCA 25; (2016) 90 ALJR 758 Cahyadi v The Queen [2007] NSWCCA 1; 168 A Crim R 41 CMB v Attorney-General for New South Wales [2015] HCA 9 Colomer v R [2014] NSWCCA 51 DPP (Cth) v Gregory (2011) 34 VR 1; [2011] VSCA 145 Gallagher v The Queen (1986) 160 CLR 392 House v The King (1936) 55 CLR 499 R v McIntee (1985) 38 SASR 432 R v McKay [2007] NSWSC 275; (2007) 61 ACSR 470 R v Mulligan [2016] NSWCCA 47 R v Saleh [2015] NSWCCA 299 R v Timothy Shamus James (County Court Victoria, Judge Hicks, Unreported, 21 October 2004) R v Zamagias [2002] NSWCCA 17 Regina v Janceski [2005] NSWCCA 288; 44 MVR 328 Richards v R [2006] NSWCCA 262; 46 MVR 165 Silvestri v R [2016] NSWCCA 245 TG v R [2010] NSWCCA 28; 55 MVR 180 Zaky v R [2015] NSWCCA 161 Category: Principal judgment Parties: Crown (Applicant) John Patrick Crumptom (Respondent) Representation: Counsel: S Dowling SC (Appellant) A J Bellanto QC & G O'Shannessy (Respondent)