DJ v R [2017] NSWCCA 319

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: DJ v R [2017] NSWCCA 319 Hearing dates: 4 October 2017 Date of orders: 15 December 2017 Decision date: 15 December 2017 Before: Macfarlan JA at [1] Johnson J at [2] R A Hulme J at [111] Decision: 1. Grant leave to appeal against sentence. 2. Appeal dismissed. Catchwords: CRIMINAL LAW - appeal against sentence - 16-year old applicant pleads guilty to discharging a (shortened) firearm with intent to cause grievous bodily harm - committed for sentence to District Court - applicant and Crown request District Court to pass sentence for related offences on certificate under s.166 Criminal Procedure Act 1986 - offences of possession of an unregistered firearm and failing to keep a prohibited firearm safely - sentences of imprisonment imposed for offences - argued on appeal that s.166 certificate procedure not available for related offences - held s.166 certificate procedure was available - whether sentences manifestly excessive - held sentences not manifestly excessive - appeal dismissed Legislation Cited: Children (Criminal Proceedings) Act 1987 Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Criminal Appeal Act 1912 Criminal Procedure Act 1986 Firearms Act 1996 Justice Legislation Amendment Act 2017 Cases Cited: Allina Pty Limited v Federal Commissioner of Taxation (1991) 99 ALR 295 BP v R (2010) 201 A Crim R 379; [2010] NSWCCA 159 BT v R (2012) 227 A Crim R 354; [2012] NSWCCA 276 Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54 Director of Public Prosecutions v Sinton (2001) 51 NSWLR 659; [2001] NSWCA 179 KT v R (2008) 182 A Crim R 571; [2008] NSWCCA 51 R v Farrell (1976) 2 NSWLR 498 R v Lachlan [2015] NSWCCA 178 Zreika v R (2012) 223 A Crim 460; [2012] NSWCCA 44 Texts Cited: Pearce and Geddes, "Statutory Interpretation in Australia", 8th edn, 2014, LexisNexis Category: Principal judgment Parties: DJ (Applicant) Regina (Respondent) Representation: Counsel: Mr KH Averre MBE (Applicant) Mr E Balodis (Respondent)