Brzozowski v R [2023] NSWCCA 129

Brzozowski v R [2023] NSWCCA 129

The sentencing judge did not err in declining to take remorse into account. Although the applicant pleaded guilty, accepted responsibility in a limited sense, and expressed regret, the evidence was open to be understood as regret about taking possession of the firearms and the consequences of doing so, while minimising his involvement and maintaining that he was merely looking after the items. That did not compel a finding of genuine remorse or contrition for the offending, and the distinction drawn by the sentencing judge between acceptance of responsibility, regret, and remorse disclosed no error.

Jurisdiction
Australia
Judgment Date
09 June 2023
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against an Aggregate Sentence Imposed in the District Court
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentence Appeal' 'remorse as a Mitigating Factor' 'acceptance of Responsibility' 'regret Versus Contrition' 'firearms Offences' 'crimes (sentencing Procedure) Act 1999 (nsw) S 21 A(3)(i)']
['criminal Law' 'sentencing'] ['sentence Appeal' 'remorse as a Mitigating Factor' 'acceptance of Responsibility' 'regret Versus Contrition' 'firearms Offences' 'crimes (sentencing Procedure) Act 1999 (nsw) S 21 A(3)(i)']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against an Aggregate Sentence Imposed in the District Court

Legal Issues

  1. 1 ['Whether the sentencing judge erred in finding that there was no evidence of remorse.' 'Whether evidence of regret and acceptance of responsibility was sufficient to require remorse to be taken into account under s 21A(3)(i) of the Crimes (Sentencing Procedure) Act 1999 (NSW).']

Ratio Decidendi

The sentencing judge did not err in declining to take remorse into account. Although the applicant pleaded guilty, accepted responsibility in a limited sense, and expressed regret, the evidence was open to be understood as regret about taking possession of the firearms and the consequences of doing so, while minimising his involvement and maintaining that he was merely looking after the items. That did not compel a finding of genuine remorse or contrition for the offending, and the distinction drawn by the sentencing judge between acceptance of responsibility, regret, and remorse disclosed no error.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']