Hunt v R [2019] NSWCCA 118

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hunt v R [2019] NSWCCA 118 Hearing dates: 1 May 2019 Decision date: 12 June 2019 Before: Hoeben CJ at CL at [1]; R A Hulme J at [57]; Davies J at [58] Decision: (1) Leave to appeal is granted. (2) The appeal is allowed. (3) The sentence imposed by his Honour Judge Colefax SC on 11 December 2017 is quashed. (4) In lieu thereof, the applicant is sentenced to imprisonment for 8 years with a non-parole period of 6 years, commencing 7 February 2017. The non-parole period is to expire on 6 February 2023 and the balance of term on 6 February 2025. Catchwords: CRIMINAL LAW – sentence appeal – two counts of perjury and one of threatening witness to withhold evidence – House v The King error in assessment of objective seriousness of Count 1 – need to re-sentence – need to take into account physical and mental health of applicant – need to reduce indicative sentence for Count 1 – need to reduce aggregate sentence. Legislation Cited: Criminal Appeal Act 1912 (NSW) – s 5(1)(c) Crimes Act 1900 (NSW) – ss 322(a), 327(1), 328 Cases Cited: Cahyardi v Regina [2007] NSWCCA 1; 168 A Crim R 41 House v The King [1936] HCA 40; 55 CLR 499 R v Obeid (No 12) [2016] NSWSC 1815 State of New South Wales v Hunt [2014] NSWCA 47 Vandeventer v R [2013] NSWCCA 33 Zreika v R [2012] NSWCCA 44 Category: Principal judgment Parties: Robert Bruce Hunt – Applicant Regina – Respondent Crown Representation: Counsel: P Coady – Applicant B Hatfield – Respondent Crown