Brown v R

[2024] NSWCCA 72

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Appeal against sentence
4. › Sentencing error
5. › Application of wrong maximum penalty
6. › Table 2 offence dealt with summarily
7. › Where Crown did not elect to proceed on indictment
8. › Sentencing judge applied indictable maximum instead of summary maximum
9. › Criminal Procedure Act 1986 (NSW), Sch 1 Table 2, s 166
10. › Crimes Act 1900 (NSW), s 93I(2)
1. Criminal Law
2. › Sentencing
3. › Aggregate sentence
4. › Resentencing on appeal
5. › Indicative sentences
6. › Totality
7. › Special circumstances
8. › Crimes (Sentencing Procedure) Act 1999 (NSW), ss 5, 33
9. › Criminal Appeal Act 1912 (NSW), s 6(3)

Quick Take

Where the Crown does not elect to proceed on indictment for a Table 2 offence under the Criminal Procedure Act 1986 (NSW), the sentencing court must apply the summary maximum penalty, not the indictable maximum, even where the charge is before the District Court as a related offence under s 166.

Case Details

Citation[2024] NSWCCA 72

CourtNSWCCA

JurisdictionNew South Wales

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Relies on

Attorney General's Application Under s37 of the Crimes (Sentencing Procedure) ACT 1999 NoNSWCCA 518
Jg v RNSWCCA 33
Thorp v RNSWCCA 180
Martellotta v RNSWCCA 168

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