Adams v R [2018] NSWCCA 139

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Adams v R [2018] NSWCCA 139 Hearing dates: 21 May 2018 Date of orders: 13 July 2018 Decision date: 13 July 2018 Before: Simpson AJA at [1] Johnson J at [2] Adamson J at [92] Decision: Leave to appeal against sentence refused. Catchwords: CRIMINAL LAW – appeal against sentence - aggravated break and enter and commit serious indictable offence contrary to s.112(2) Crimes Act 1900 – identical sentences imposed on Applicant and two co-offenders by same sentencing Judge - Applicant sentenced after two co-offenders - Applicant's counsel accepted in District Court that his client should receive same sentence as co-offenders - argued on appeal that Applicant should have received lesser sentence - approach of appellate court where submission in support of appeal ground is contrary to submission made at first instance - parity principle - serious injustice or miscarriage of justice not established - sentence imposed on Applicant was reasonably open - leave to appeal refused Legislation Cited: Crimes Act 1900 Cases Cited: Adamson v R (2015) 47 VR 268; [2015] VSCA 194 Betts v The Queen (2016) 258 CLR 420; [2016] HCA 25 Cameron v R [2017] NSWCCA 229 Daw v R [2017] NSWCCA 327 Dayment v R [2018] NSWCCA 132 Director of Public Prosecutions (Cth) v KMD (2015) 254 A Crim R 244; [2015] VSCA 255 Green v The Queen (2011) 244 CLR 462; [2011] HCA 49 Hiron v R [2018] NSWCCA 10 Lloyd v R [2017] NSWCCA 303 Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46 Myles v R [2017] NSWCCA 266 Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26 R v McNaughton (2006) 66 NSWLR 566; [2006] NSWCCA 242 Shortland v R (2013) 224 A Crim R 486; [2013] NSWCCA 4 Tran v R [2017] VSCA 346 Usher v R [2016] NSWCCA 276 Wan v R [2017] NSWCCA 261 Zreika v R (2012) 223 A Crim 460; [2012] NSWCCA 44 Texts Cited: --- Category: Principal judgment Parties: Jason Steven Adams (Applicant) Regina (Respondent) Representation: Counsel: Ms M Avenell (Applicant) Ms S Dowling SC (Respondent)