McClelland v R [2019] NSWCCA 59

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: McClelland v R [2019] NSWCCA 59 Hearing dates: 13 March 2019 Date of orders: 29 March 2019 Decision date: 29 March 2019 Before: Macfarlan JA at [1]; Fullerton J at [2]; Bellew J at [51] Decision: 1. Leave to appeal is granted. 2. The appeal is dismissed. Catchwords: CRIME – Appeals – Appeal against sentence – whether the sentencing judge erred by making findings as to objective seriousness which contravened concessions by the Crown – whether the Crown's submissions in respect of objective seriousness are properly characterised as concessions – whether the sentencing judge erred in assessing objective seriousness – whether the sentencing judge imposed an aggregate sentence which was unreasonable or plainly unjust Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Battersby v R [2018] NSWCCA 141 Carroll v The Queen [2009] HCA 13 Chong v R [2017] NSWCCA 185 DL v The Queen [2018] HCA 32 DN v R [2016] NSWCCA 252; 92 NSWLR 600 Kerr v R [2016] NSWCCA 218 Newman v R [2018] NSWCCA 208 R v Cortese [2013] NSWCCA 148 R v Speechley [2012] NSWCCA 130 Salafia v R [2015] NSWCCA 141 Simpson v R [2014] NSWCCA 23 Stojanovski v R [2013] NSWCCA 334 Category: Principal judgment Parties: Samuel Luke McClelland (Applicant) The Crown (Respondent) Representation: Counsel: C Smith SC (Applicant) M England (Respondent)