Judge v R [2018] NSWCCA 203

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Judge v R [2018] NSWCCA 203 Hearing dates: 8 June 2018 Decision date: 19 September 2018 Before: White JA at [1]; Bellew J at [50]; Wilson J at [51] Decision: (1) Grant the applicant leave to appeal from the sentence imposed in the District Court on 24 July 2017. (2) Appeal dismissed. Catchwords: CRIMINAL LAW – Appeal – Application for leave to appeal against sentence – robbery in company – whether sentencing judge failed to apply the principles of Bugmy v The Queen – whether primary judge ought to have found special circumstances – whether sentence was manifestly excessive – where applicant was serving two suspended sentences at the time of the offence and committed further offences whilst on bail – leave granted – appeal dismissed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 10A, 21A Crimes Act 1900 (NSW), ss 93C, 97 Criminal Procedure Act 1986 (NSW), s 166 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 CM v R [2013] NSWCCA 341 Hili v The Queen; Jones v The Queen (2010) 242 CLR 520 Perkins v R [2018] NSWCCA 62 R v Cramp [2004] NSWCCA 264 R v El Sayah; R v Idaayen; R v Mansaray [2018] NSWCCA 64 R v Fernando (1992) 76 A Crim R 58 R v Fidow [2004] NSWCCA 172 R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111 Radi v R [2013] NSWCCA 278 RG v R [2017] NSWCCA 60 Wong v The Queen (2001) 207 CLR 584 Category: Principal judgment Parties: Gaven Andrew Judge (Applicant) Regina (Respondent) Representation: Counsel: P Coady (Applicant) F Veltro (Respondent)