Singh v R [2019] NSWCCA 110

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Singh v R [2019] NSWCCA 110 Hearing dates: 10 May 2019 Date of orders: 03 June 2019 Decision date: 03 June 2019 Before: Payne JA at [1]; Harrison J at [60]; R A Hulme J at [61] Decision: (1) Application for leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIME – appeals – appeal against conviction –aggravated break and enter dwelling-house and commit serious indictable offence – Crimes Act 1900 (NSW) s 112 – relationship of s 112 with burglary at common law – meaning of "break" – whether "constructive breaking" to knock at a door of a house with intent to rob its occupants and, upon the door being opened, to rush into the house

CRIME – appeals – appeal against conviction – miscarriage of justice – whether to allow withdrawal of guilty plea – where alleged that the agreed facts do not support the charge

CRIME – appeals – appeal against sentence – failure to take into account a relevant consideration –gambling disorder – substance use disorder

CRIME – appeals – appeal against sentence – manifest excess – whether guideline judgment in R v Henry should have been considered Legislation Cited: Crimes Act 1900 (NSW), ss 97, 105A, 112 Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A Cases Cited: Aslan v R [2014] NSWCCA 114 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Ghamrawi v R (2017) 95 NSWLR 405; [2017] NSWCCA 195 Hughes v R [2018] NSWCCA 2 Johnston v R [2017] NSWCCA 53 R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111 R v Jafari [2017] NSWCCA 152 R v Stanford (2007) 70 NSWLR 474; [2007] NSWCCA 370 Ritchie v R [2017] NSWCCA 21 Texts Cited: W Blackstone, Commentaries on the Laws of England (Clarendon Press, 1769) TR Fitzwalter Butler and M Garsia (eds), Archbold: Pleading, Evidence and Practice in Criminal Cases 1822 (Sweet & Maxwell, 36th ed, 1966) JW Cecil Turner (ed), Kenny's Outlines of Criminal Law 1902 (Cambridge University Press, 19th ed, 1966) W Hawkins, Pleas of the Crown 1716-1721 (Professional Books, 1980) Category: Principal judgment Parties: Amandeep Singh (Applicant) Regina (Respondent) Representation: Counsel: D A Marr (Applicant) G Newton (Respondent)