Kingsley v R

[2019] NSWCCA 19

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Sentencing principles
4. › De Simoni principle
5. › Whether sentencing judge erroneously had regard to injuries that might have exposed applicant to more serious offence
6. › Recitation of agreed facts including bone fractures
7. › Whether inference of error arises from failure to expressly disassociate from aggravating facts
8. › Crimes Act 1900 (NSW), ss 33(1)(a), 35(3)
1. Criminal Law
2. › Sentence
3. › Parity
4. › Co-offenders sentenced at same time
5. › Whether minor difference in sentences gives rise to justifiable sense of grievance
6. › Relevance of backdating of sentence commencement date to parity assessment
1. Criminal Law
2. › Appeal
3. › Leave to appeal against sentence
4. › Extension of time
5. › Whether extension should be granted where proposed grounds lack merit

Quick Take

A sentencing judge's recitation of agreed facts that include matters capable of establishing a more serious offence does not of itself breach the De Simoni principle; the proper approach is to examine the judge's remarks as a whole in context to determine whether the offender was actually punished for the more serious conduct. The date from which a sentence is fixed to commence is a relevant feature for parity assessment between co-offenders.