Ngati v R [2018] NSWCCA 32

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ngati v R [2018] NSWCCA 32 Hearing dates: 5 February 2018 Date of orders: 07 March 2018 Decision date: 07 March 2018 Before: Payne JA at [1] Garling J at [39] Hidden AJ at [40] Decision: (1) The order made on 5 February 2018 pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW), that there be no publication of the applicant's name, be discharged and the applicant hereafter be referred to by his name Anthony Ngati and not by the pseudonym "AN";

(2) Leave to appeal against sentence granted;

(3) Appeal dismissed. Catchwords: CRIME – appeal against sentence – whether sentencing judge erred by imposing an aggregate sentence that exceeded the sum of the indicative sentences that would have been imposed for each offence – whether sentencing judge erred by accumulating indicative sentences in imposing aggregate sentence - whether sentence manifestly excessive Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Cases Cited: Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54 Dimian v R [2016] NSWCCA 223 Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45 House v The King (1936) 55 CLR 499; [1936] HCA 40 Hughes v R [2018] NSWCCA 2 JM v R [2014] NSWCCA 297 Lowndes v The Queen (1999) 195 CLR 665; [1999] HCA 29 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Obeid v R [2017] NSWCCA 221 Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64 Texts Cited: None Category: Principal judgment Parties: Anthony Ngati (Applicant) Crown (Respondent) Representation: Counsel: S Kluss (Applicant) B Hatfield / C Hyland (Respondent)