Afu v R [2017] NSWCCA 246

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Afu v R [2017] NSWCCA 246 Hearing dates: 9 October 2017 Date of orders: 09 October 2017 Decision date: 09 October 2017 Before: Basten JA; Adamson J; Bellew J Decision: Leave to appeal refused Catchwords: CRIMINAL LAW – Appeal – Sentence – Parity principle – Where applicant pleaded guilty to a series of robbery and related offences – Where the applicant was part of a group – Where applicant asserted that the sentencing judge did not have proper regard to principles of parity and overlooked aspects of the applicant's subjective case including his progress towards rehabilitation – Where the same judge had sentenced all offenders and had made specific reference to parity principles – Where differing sentences explicable on the basis of differing subjective features Legislation Cited: Crimes Act 1900 (NSW), ss 97, 347 Firearms Act 1996 (NSW), s 7 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A, 44 Cases Cited: Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49 Tuivaga v R [2015] NSWCCA 145 Zhao v R [2016] NSWCCA 179 House v The King (1936) 55 CLR 499; [1936] HCA 40 Category: Principal judgment Parties: Taani Afu – Applicant Regina - Respondent Representation: Counsel: N Digges (Solicitor) – Applicant T Smith – Respondent

Solicitors: Hunter and Braddon Lawyers – Applicant Solicitor for Public Prosecutions (NSW) – Respondent File Number(s): 2013/123594 Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 04 November 2015 Before: Haesler SC DCJ File Number(s): 2013/123594