Dixon v Regina [2019] NSWCCA 85

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Dixon v Regina [2019] NSWCCA 85 Hearing dates: 1 April 2019 Date of orders: 24 April 2019 Decision date: 24 April 2019 Before: Bathurst CJ at [1]; Ierace J at [76]; Hidden AJ at [77] Decision: (1) Grant the applicant leave to appeal. (2) Appeal allowed. (3) The sentence imposed on the applicant on 23 March 2018 is set aside and in lieu thereof the following sentence is imposed: The applicant is sentenced to a total term of imprisonment of 4 years commencing on 31 October 2016 and expiring on 31 October 2020, consisting of a non-parole period of 2 years and 6 months expiring on 30 April 2019, with a balance of term of 1 year and 6 months expiring on 31 October 2020. Catchwords: CRIME – Property offences – Enter dwelling-house with intent to commit serious indictable offence – Circumstances of aggravation – knowledge of person inside dwelling

CRIME – Domestic violence – Stalking or intimidation with intent to cause fear of physical or mental harm – Form 1 offence.

SENTENCING – Appeal against sentence – Severity – Sentence manifestly excessive - background of significant hardship and disadvantage

SENTENCING – Appeal against sentence – special circumstances – no reasons for finding of special circumstances - whether sentencing judge erred in failing to take into account risk of institutionalisation –considerable portion of life spent in custody -

SENTENCING – Appeal against sentence - relevant factors on sentence – objective seriousness - whether sentencing judge erred in assessment of objective seriousness – whether the sentencing judge took into account that applicant was on parole at time of offending and criminal record in assessing objective seriousness. Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Hart v R [2014] NSWCCA 172 Cases Cited: Barbaro v The Queen; Zirilli v The Queen (2014) 253 CLR 58; [2014] HCA 2 Elhassan v R [2018] NSWCCA 118 Gommesen v R [2012] NSWCCA 226 Hart v R [2014] NSWCCA 172 Hili v R; Jones v R (2010) 242 CLR 520; [2010] HCA 45 Hurst v R [2017] NSWCCA 114 Judge v R [2018] NSWCCA 203 McCabe v The Queen [2016] NSWCCA 7 Pham v R (2015) 256 CLR 550; [2015] HCA 39 R v Bugmy (2013) 249 CLR 571; [2013] HCA 37 R v McNaughton (2006) 66 NSWLR 566; [2006] NSWCCA 242 R v Whyte (2002) 55 NSWLR 252; [2002] NSWCCA 343 RG v R [2017] NSWCCA 60 Rotner v R [2011] NSWCCA 207 Veen v R (No 2) (1988) 164 CLR 465; [1988] HCA 14 Category: Principal judgment Parties: Noel Anthony Dixon (applicant) The Crown (respondent) Representation: Counsel: P Krisenthal (applicant) B Baker (respondent)