CC v R [2019] NSWCCA 229

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: CC v R [2019] NSWCCA 229 Hearing dates: 11 September 2019 Date of orders: 19 December 2019 Decision date: 19 December 2019 Before: Payne JA at [1] Fullerton J at [12] Bellew J at [47] Decision: 1. Extend the time for the filing of the notice of application for leave to appeal to 20 June 2019. 2. Leave to appeal is granted. 3. The appeal is dismissed. Catchwords: CRIMINAL LAW – sentence appeal – use offensive weapon with intent to intimidate contrary to s 33B(1)(a) of the Crimes Act - intentionally damage property contrary to s 195(1)(a) of the Crimes Act - intimidate with the intention of causing fear of physical or mental harm contrary to s 13(1) of the Crimes (Domestic and Personal Violence) Act 2007 – take person with intent to gain a psychological advantage contrary to s 86(1)(b) of the Crimes Act – whether aggregate sentence was manifestly excessive – whether sentencing judge erred by accumulating the sentence upon the sentence imposed in separate proceedings Legislation Cited: Crimes Act 1900 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (Sentencing Procedure Act) 1999 (NSW) Criminal Appeal Act 1912 (NSW) Cases Cited: CC v R [2019] NSWCCA 230 Hughes v R [2018] NSWCCA 2 JM v R [2014] NSWCCA 297 Kerr v R [2016] NSWCCA 218 Zreika v R [2012] NSWCCA 44 Category: Principal judgment Parties: CC (Applicant) The Crown (Respondent) Representation: Counsel: S Kluss (Applicant) B Baker (Crown)