Cherry v R [2017] NSWCCA 150

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Cherry v R [2017] NSWCCA 150 Hearing dates: 16 June 2017 Date of orders: 28 June 2017 Decision date: 28 June 2017 Before: Macfarlan JA at [1]; Johnson J at [2]; Harrison J at [87] Decision: Leave to appeal against sentence granted. Appeal dismissed. Catchwords: CRIMINAL LAW – sentence appeal –– multiple domestic violence offences committed against partner– assault occasioning actual bodily harm under s.59(1) Crimes Act 1900 (three counts) – four offences of assault on Form 1 –break enter and commit serious indictable offence (robbery) under s.112(2) Crimes Act 1900 committed against different victim – aggregate sentence of imprisonment of four years with balance of term of two years – claim of error in finding that s.112(2) offence was in the mid-range of seriousness – no error demonstrated – claim that insufficient weight given to the issue of rehabilitation – no error demonstrated – claim that aggregate sentence manifestly excessive – repeated domestic violence offences – breaches of conditional liberty – applicant subject to bail and apprehended domestic violence order intended to protect partner – need for denunciation, general deterrence and specific deterrence – serious s.112(2) offence committed against different victim – aggregate sentence not manifestly excessive – appeal dismissed Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Criminal Procedure Act 1986 Crimes Amendment (Strangulation) Act 2014 Cases Cited: Browning v R [2015] NSWCCA 147 Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54 Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45 Marshall v R [2007] NSWCCA 24 MM v R [2016] NSWCCA 235 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 Munda v State of Western Australia (2013) 249 CLR 600; [2013] HCA 38 R v Fang (No. 4) [2017] NSWSC 323 R v Hamid (2006) 164 A Crim R 179; [2006] NSWCCA 302 R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111 R v Kilic (2016) 91 ALJR 131; [2016] HCA 48 Vaiusu v R [2017] NSWCCA 71 Texts Cited: --- Category: Principal judgment Parties: Christopher Cherry (Applicant) Regina (Respondent) Representation: Counsel: Mr RJ Webb (Applicant) Mr NJ Adams (Respondent)