Abel v R [2020] NSWCCA 82

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Abel v R [2020] NSWCCA 82 Hearing dates: 4 March 2020 Decision date: 01 May 2020 Before: Macfarlan JA at [1]; R A Hulme J at [2]; Button J at [6]; Decision: (1) Leave to appeal against sentence refused. Catchwords: CRIME – appeals – appeal against sentence – unorthodox procedural history – where s 68 of the Crimes (Sentencing Procedure) Act 1999 (NSW) originally precluded the making of an intensive correction order (ICO) – Form 1 "withdrawn" – ICO ultimately imposed –whether judge erred in failing to find good prospects of rehabilitation and unlikelihood of reoffending – whether error made in assessment of the objective gravity of offences – whether sentence featuring ICO was manifestly excessive – analysis of aspects of procedure adopted Legislation Cited: Crimes Act 1900 (NSW), s 193(C)(2) Crimes (Sentencing Procedure) Act 1999 (NSW), s 68 Drug Misuse and Trafficking Act 1985 (NSW), s 25(1) Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 Cross v R [2019] NSWCCA 280 R v Pullen [2018] NSWCCA 264 R v Qi [2019] NSWCCA 73 R v Zamagias [2002] NSWCCA 17 Category: Principal judgment Parties: Jacob Abel (Applicant) Regina (Respondent) Representation: Counsel: P Lange (Applicant) A McGrath (Respondent)

Solicitors: Kings Law Group (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2017/370086 Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 29 May 2019 Before: Delaney ADCJ File Number(s): 2017/370086