BG v R [2018] NSWCCA 161

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: BG v R [2018] NSWCCA 161 Hearing dates: 8 June 2018 Date of orders: 03 August 2018 Decision date: 03 August 2018 Before: Simpson AJA at [1] Bellew J at [2] Wilson J at [84] Decision: (1) Leave to appeal is granted.

(2) The appeal is dismissed. Catchwords: CRIMINAL LAW – Sentence – Appeal – Asserted error in assessment of objective seriousness by the sentencing judge – Asserted error in assessing the discount to reflect the utilitarian value of the applicant's plea of guilty – Whether applicant entitled to a discount to reflect assistance to the authorities - Whether sentence manifestly excessive – Whether sentencing judge erred in failing to find special circumstances – No error established

CRIMINAL LAW – Sentence – Appeal – Where applicant submitted that there had been a failure on the part of the sentencing judge to give proper weight to his subjective case – Observations as to the narrow circumstances in which such a failure will amount to error – Observations as to the difficulty in advancing such a submission and the necessity to establish a miscarriage of the sentencing discretion – No error established Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Caristo v R [2011] NSWCCA 7 Dinsdale v R (2000) 202 CLR 321; [2000] HCA 54 Hili v R; Jones v R (2010) 242 CLR 520; [2010] HCA 45 House v R (1936) 55 CLR 449; [1936] HCA 40 King v R [2015] NSWCCA 99 Mulato v R [2006] NSWCCA 282 R v Baker [2000] NSWCCA 85 R v Cramp [2004] NSWCCA 264 R v El-Hayek [2004] NSWCCA 25; 144 A Crim R 90 Zreika v R [2012] NSWCCA 44; 223 A Crim R 460 Category: Principal judgment Parties: BG – Applicant Regina – Respondent Representation: Counsel: J Eaton (Solicitor) – Applicant E Balodis – Respondent