Luque v R [2017] NSWCCA 226

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Luque v R [2017] NSWCCA 226 Hearing dates: 16 August 2017 Date of orders: 16 August 2017 Decision date: 20 September 2017 Before: Macfarlan JA at [1] Button J at [2] Hamill [113] Decision: (1) The Court grants leave to appeal against sentence imposed in the District Court. (2) It allows the appeal. (3) It quashes the sentence imposed on 30 January 2017. (4) It re-sentences the applicant by imposing a term of imprisonment with a non-parole period of 10 months commencing on 4 October 2016 and concluding on 3 August 17, and a balance of term of eight months concluding on 3 April 2018. (5) Directs that the applicant be released forthwith. Catchwords: CRIME – leave to appeal against sentence – where appellant convicted of offence against public justice – pursuant to s 314 of the Crimes Act 1900 (NSW) – whether sentencing judge erred in consideration of the applicant's mental state – whether sentence manifestly excessive – appeal allowed – discretion to re-sentence exercised – lower sentence imposed Legislation Cited: Crimes Act 1900 (NSW), s 314 Cases Cited: Aslan v R [2014] NSWCCA 114 Devaney v R [2012] NSWCCA 285 Dinsdale v R (2000) CLR 321; [2000] HCA 54 Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194 House v The King (1936) 55 CLR 499; [1936] HCA 40 Laspina v R [2016] NSWCCA 181 R v Scognamiglio (1991) 56 A Crim R 81 R v Qutami [2001] NSWCCA 353 R v Forrester (NSWCCA, 16 October 1998, unrep) Richards v R [2006] NSWCCA 262 Ryan v R [2017] NSWCCA 209 Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64 Category: Principal judgment Parties: Elisabeth Irene Luque (Applicant) Regina (Respondent) Representation: Counsel: P Coady (Applicant) M England (Respondent) Solicitors: File Number(s): 2015/00337290 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 30 January 2017 Before: Delaney AJ File Number(s): 2015/00337290