Beagley v R [2019] NSWCCA 155

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Beagley v R [2019] NSWCCA 155 Hearing dates: 8 May 2019 Decision date: 17 July 2019 Before: White JA at [1]; Harrison J at [2]; R A Hulme J at [3] Decision: 1. Leave to appeal granted. 2. Dismiss the appeal. Catchwords: CRIME — appeals — appeal against sentence – firearms offences committed in 2011 – sentenced for offences related to possession of firearms in 2012 – sentenced for offences of firing of firearm with disregard for safety of others and causing grievous bodily harm offences in 2018 – no error established where submissions on sentence made in respect of delay and principle of totality – judges are not required to approach sentencing in arithmetical fashion – no error established in relation to concurrency and accumulation of offences – offences contain discrete and additional criminality compared to possession of firearm offences – sentence not manifestly excessive – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW), ss 54, 93G(1)(c) Crimes (Sentencing Procedure) Act 1999 (NSW) Firearms Act 1996 (NSW), s 7(1) Cases Cited: Cahyadi v R [2007] NSWCCA 1; 168 A Crim R 41 JM v R [2014] NSWCCA 297; (2014) 246 A Crim R 528 Mill v The Queen (1988) 166 CLR 59; [1988] HCA 70 R v XX [2009] NSWCCA 115; 195 A Crim R 38 Sabra v R [2015] NSWCCA 38 Category: Principal judgment Parties: Cory Dean Beagley (Applicant) Regina (Respondent) Representation: Counsel: Ms J Paingakulam (Applicant) Ms K Jeffreys (Crown)