Cross v R [2019] NSWCCA 280

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Cross v R [2019] NSWCCA 280 Hearing dates: 11 October 2019 Date of orders: 25 November 2019 Decision date: 25 November 2019 Before: Gleeson JA at [1] Johnson J at [2] Cavanagh J at [4] Decision: (1) Leave to appeal is granted. (2) The appeal is dismissed. Catchwords: Crime — appeals — appeal against sentence — application for leave to appeal — two counts of aggravated kidnapping in company contrary to s 86(2)(a) of the Crimes Act 1900 (NSW) — whether sentencing judge failed to have regard to community safety as paramount consideration in accordance with s 66 of the Crimes (Sentencing Procedure) Act 1999 (NSW) in considering whether to make an Intensive Correction Order — where s 68 of the Crimes (Sentencing Procedure) Act 1999 (NSW) precluded the making of an Intensive Correction Order — whether sentencing judge misapplied the principle of parity — whether sentencing judge failed to properly account for applicant's mental health — whether sentencing judge failed to give adequate reasons Legislation Cited: Crimes Act 1900 (NSW), s 86(2)(a) Criminal Appeal Act 1912 (NSW), s 6(3) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 5, 66, 68, 69 Cases Cited: Karout v R [2019] NSWCCA 253 Lago v R [2015] NSWCCA 296 Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46 Ng v R [2011] NSWCCA 227; 214 A Crim R 191 R v Connell [2013] NSWCCA 155 R v Fangaloka [2019] NSWCCA 173 R v Gommeson [2014] NSWCCA 159; 243 A Crim R 534 R v Montesinos [2002] NSWCCA 470; 135 A Crim R 417 R v Nguyen [2010] NSWCCA 331 R v Pullen [2018] NSWCCA 264 Category: Principal judgment Parties: Susan Lynette Cross (Applicant) Regina (Respondent) Representation: Counsel: J Brock (Applicant) E Balodis (Respondent)