Quinlan v R [2021] NSWCCA 21

Quinlan v R [2021] NSWCCA 21

The appeal was allowed because the sentencing judge made factual findings about the firearms, including that a pump action rifle with a sawn off stock was used, which were not contained in the Agreed Facts and appear to have been drawn from evidence in another offender's trial. Those findings denied procedural fairness and had the capacity to affect the assessment of objective seriousness and therefore the sentence. On re-sentence, having regard to the agreed facts, the applicant's improved rehabilitation prospects, special circumstances, the 10 percent discount for guilty pleas, objective seriousness assessed as mid-range or only slightly above, and parity with Ralph Nabalarua, an...

Jurisdiction
Australia
Judgment Date
08 March 2021
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence and Re Sentencing in the Court of Criminal Appeal
Outcome
Leave to appeal against sentence granted; appeal allowed; original aggregate sentence set aside; applicant re-sentenced.
Legal Topics
['robbery While Armed With a Dangerous Weapon' 'appeal Against Sentence' 'agreed Facts' 'procedural Fairness' 'objective Seriousness' 'parity With Co Offender' 'rehabilitation' 'special Circumstances']
['criminal Law' 'sentencing' 'criminal Procedure'] ['robbery While Armed With a Dangerous Weapon' 'appeal Against Sentence' 'agreed Facts' 'procedural Fairness' 'objective Seriousness' 'parity With Co Offender' 'rehabilitation' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence and Re Sentencing in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred by finding that the offences were committed while one offender was armed with a pump action rifle with a sawn off stock when that was not in the Agreed Facts.' 'Whether the sentencing exercise miscarried because the applicant was denied procedural fairness by the sentencing judge taking into account evidence tendered only in relation to Ralph Quinlan at his trial.' 'Whether the sentence imposed on co-offender Ralph Nabalarua was a relevant comparator for re-sentencing the applicant.']

Ratio Decidendi

The appeal was allowed because the sentencing judge made factual findings about the firearms, including that a pump action rifle with a sawn off stock was used, which were not contained in the Agreed Facts and appear to have been drawn from evidence in another offender's trial. Those findings denied procedural fairness and had the capacity to affect the assessment of objective seriousness and therefore the sentence. On re-sentence, having regard to the agreed facts, the applicant's improved rehabilitation prospects, special circumstances, the 10 percent discount for guilty pleas, objective seriousness assessed as mid-range or only slightly above, and parity with Ralph Nabalarua, an...

Court Disposition

Leave to appeal against sentence granted; appeal allowed; original aggregate sentence set aside; applicant re-sentenced.

Orders

  • ['Grant leave to appeal against sentence.' 'Allow the appeal.' 'Set aside the aggregate sentence imposed upon the applicant by her Honour Syme DCJ on 19 October 2018.' 'In lieu thereof, impose an aggregate sentence of 11 years and 6 months imprisonment commencing on 15 December 2014 and expiring on 14 June 2026 with...