Roff v R [2017] NSWCCA 208

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Roff v R [2017] NSWCCA 208 Hearing dates: 18 August 2017 Decision date: 30 August 2017 Before: Leeming JA; Button J; Hamill J Decision: 1. Extend the time for the filing of a notice of appeal to 19 June 2017. 2. Grant leave to appeal against sentence. 3. Appeal allowed. 4. Quash the sentence of 32 years with a non‑parole period of 24 years imposed on 19 August 2016, and in lieu thereof, sentence Raymond Isaac Roff to imprisonment for a non-parole period of 18 years and 9 months to commence on 9 August 2013 and to expire on 8 May 2032 and a balance of term of 6 years and 3 months to commence on 9 May 2032 and to expire on 8 August 2038. 5. Note that Raymond Isaac Roff will be eligible for release on parole at the expiry of the non-parole period on 8 May 2032. 6. Pursuant to s 25C(1) of the Crimes (High Risk Offenders) Act 2006 (NSW) the offender is notified that the provisions of the Act apply to him and to the offending the subject of these proceedings. Catchwords: CRIME – appeal against sentence – murder – whether sentencing judge failed to have regard to subjective case – whether sentencing judge relied on absence of remorse as aggravating factor – whether sentence manifestly excessive – appeal allowed and offender resentenced Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A, 54B, 61 Criminal Appeal Act 1912 (NSW), s 10 Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54 Hadchiti v R [2016] NSWCCA 63 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 R v Thompson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309 Riggio v R [2015] NSWCCA 223 Siganto v The Queen (1998) 194 CLR 656; [1998] HCA 74 Category: Principal judgment Parties: Raymond Isaac Roff (Applicant) Regina (Respondent) Representation: Counsel: B Hughes SC, M Curry (Applicant) F Veltro (Respondent)