Dungay v R [2020] NSWCCA 209

Dungay v R [2020] NSWCCA 209

Admission and consideration of the applicant's Children's Court criminal history was an error under the Children (Criminal Proceedings) Act 1987 (NSW) as no conviction was recorded, and more than two years elapsed since last court order. The error had the capacity to affect the sentence; therefore, appeal was allowed, sentence quashed, and a new aggregate sentence imposed giving due consideration to applicant's deprived background, subjective case, Bugmy principles, and seriousness of offence.

Jurisdiction
Australia
Judgment Date
21 August 2020
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed. Sentence quashed. New aggregate sentence imposed.
Legal Topics
['appeal Against Sentence' 'aggravated Break, Enter and Commit Serious Indictable Offence' 'robbery in Company' 'manifest Excess' "children's Court Criminal History" 'bugmy Principles' 'parity' 're Sentencing']
['criminal Law'] ['appeal Against Sentence' 'aggravated Break, Enter and Commit Serious Indictable Offence' 'robbery in Company' 'manifest Excess' "children's Court Criminal History" 'bugmy Principles' 'parity' 're Sentencing']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ["Whether the sentencing judge erred by admitting and having regard to the applicant's Children's Court criminal history" "Whether the sentence imposed was manifestly excessive having regard to the applicant's subjective case, including youth and deprivation" 'Whether there was a justifiable sense of grievance regarding parity with co-offenders']

Ratio Decidendi

Admission and consideration of the applicant's Children's Court criminal history was an error under the Children (Criminal Proceedings) Act 1987 (NSW) as no conviction was recorded, and more than two years elapsed since last court order. The error had the capacity to affect the sentence; therefore, appeal was allowed, sentence quashed, and a new aggregate sentence imposed giving due consideration to applicant's deprived background, subjective case, Bugmy principles, and seriousness of offence.

Court Disposition

Appeal allowed. Sentence quashed. New aggregate sentence imposed.

Orders

  • ['Leave to appeal is granted.' 'The appeal is allowed.' 'The sentence imposed in the District Court on 27 May 2019 is quashed.' 'In lieu thereof, under s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW), an aggregate sentence of 10 years imprisonment from 28 June 2017 to 27 June 2027 is imposed, with a...