Laughton v R [2019] NSWCCA 74

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Laughton v R [2019] NSWCCA 74 Hearing dates: 4 July 2018 Decision date: 05 April 2019 Before: Meagher JA at [1]; Schmidt J at [65]; Button J at [97] Decision: 1. Grant leave to appeal against conviction on grounds 1 and 4 and dismiss the appeal against conviction on those grounds. 2. Refuse leave to appeal against conviction on grounds 2 and 3. 3. Grant leave to appeal against sentence. 4. The sentence imposed by Judge Arnott SC for the offence of assault occasioning actual bodily harm in company that his Honour ordered was to commence on 9 December 2016 is ordered to have commenced on 3 September 2016 and to expire on 2 September 2019. 5. The sentence imposed by Judge Arnott SC for the offence of aggravated break, enter and steal that his Honour ordered was to commence on 9 December 2017 is ordered to have commenced on 3 September 2017 and to expire on 2 September 2023 with a non-parole period to expire on 2 March 2021. 6. Otherwise, those sentences are unchanged. 7. The sentence imposed by Judge Wilson SC that was to commence on 1 July 2019 is adjusted to have commenced on 26 March 2019 and to expire on 25 March 2024 with a non-parole period to expire on 25 March 2022. Catchwords: CRIME – conviction appeal – where respondent convicted of break and enter, and assault – where abusive Facebook messages exchanged – whether trial judge erred in ruling Facebook message capable of constituting an admission by applicant of involvement