Jeffree v R [2017] NSWCCA 72

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Jeffree v R [2017] NSWCCA 72 Hearing dates: 31 March 2017 Decision date: 20 April 2017 Before: Beazley P at [1]; Walton J at [51]; R A Hulme J at [52] Decision: (1) Grant leave to appeal;

(2) Appeal dismissed. Catchwords: CRIMINAL LAW – application for leave to appeal against sentence – applicant had a number of physical and mental disabilities and vulnerabilities – whether sentencing judge failed to have regard to extent to which those matters impacted upon moral culpability for offending conduct – principles determining when mental condition will impact on sentencing process

CRIMINAL LAW – application for leave to appeal against sentence – applicant had a number of physical and mental disabilities and vulnerabilities – whether appropriate for sentencing judge to give weight to general deterrence – role of general deterrence – applicant convicted of offences relating to use and possession of firearm – general deterrence in context of sentencing for offences involving firearms

CRIMINAL LAW – application for leave to appeal against sentence – applicant convicted of offences relating to use and possession of a firearm and assault – sentence in respect of each offence accumulated by three months – whether this gave rise to totality error – whether there must be commonality between offences to warrant identical internal accumulation – principles concerning aggregate sentences Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Firearms Act 1996 (NSW) Cases Cited: Aslan v R [2014] NSWCCA 114 Cahyadi v R (2007) 168 A Crim R 41; [2007] NSWCCA 1 JM v R (2014) 246 A Crim R 528; [2014] NSWCCA 297 Laspina v R [2016] NSWCCA 181 Mill v The Queen (1988) 166 CLR 59 R v Harris (2007) 171 A Crim R 267; [2007] NSWCCA 130 Category: Principal judgment Parties: Vincent Victor Jeffree (Applicant) Regina (Respondent) Representation: Counsel: A Francis (Applicant) S Hughes (Respondent)