Stanley v R [2018] NSWCCA 93

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Stanley v R [2018] NSWCCA 93 Hearing dates: 9 May 2018 Date of orders: 09 May 2018 Decision date: 21 May 2018 Before: Simpson AJA at [1] Johnson J at [2] Harrison J at [3] Decision: (1) Grant leave to appeal. (2) Allow the appeal. (3) Quash the sentence imposed on the applicant by McLennan DCJ on 7 September 2017 on the charge of robbery in company. (4) In lieu thereof, sentence the applicant to a non-parole period of imprisonment of 21 months commencing on 15 August 2016 and expiring on 14 May 2018 with a balance of term of 15 months expiring on 14 August 2019. (5) Note that by operation of s 158 of the Crimes (Administration of Sentences) Act 1999 the applicant will be entitled to release on parole on 15 May 2018. Catchwords: CRIMINAL LAW – appeal against sentence – robbery in company – resisting police – whether sentencing judge erred in the assessment of objective seriousness – whether sentencing judge erred in the assessment of moral culpability – whether sentencing judge erred in finding that the applicant was on conditional liberty – whether sentence manifestly excessive – where deprived background – where intellectual disability – where offending in the lowest end of objective seriousness – appeal allowed – resentenced Cases Cited: Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 Yun v R [2017] NSWCCA 317 R v Millwood [2012] NSWCCA 2 Vale v R [2016] NSWCCA 154 R v McNaughton (2006) 66 NSWLR 566; [2006] NSWCCA 242 Category: Principal judgment Parties: Kevin Walter Stanley aka Buddy Walter Stanley (Applicant) Regina (Respondent) Representation: Counsel: C Bruce SC (Applicant) S Dowling SC (Respondent)