Hunt v R [2019] NSWCCA 118

Hunt v R [2019] NSWCCA 118

The sentencing judge erred by treating matters relevant only to Count 5 as aggravating features of Count 1 perjury, resulting in an erroneous and excessive assessment of seriousness for Count 1 which required resentencing. The appropriate sentence reflects a midrange assessment for Count 1 and a reduced aggregate sentence allowing for physical and mental health issues under the established principles.

Parties
Applicant: Robert Bruce Hunt; Respondent Crown: Regina
Jurisdiction
Australia
Judgment Date
12 June 2019
Procedural Posture
Criminal Sentence Appeal / Appeal and Resentencing
Outcome
Appeal allowed. Sentence quashed. Applicant resentenced.
Legal Topics
Perjury, Threatening Witness, Sentencing, Objective Seriousness, Aggregate Sentencing, Appeal Against Sentence
Criminal Law Perjury Threatening Witness Sentencing Objective Seriousness Aggregate Sentencing Appeal Against Sentence

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Parties

Robert Bruce Hunt

Applicant

Regina

Respondent Crown

Procedural Posture

Criminal Sentence Appeal / Appeal and Resentencing

Legal Issues

  1. 1 Whether the sentencing judge erred in assessing the objective seriousness of Count 1 (perjury)
  2. 2 Whether the aggregate sentence was manifestly excessive

Ratio Decidendi

The sentencing judge erred by treating matters relevant only to Count 5 as aggravating features of Count 1 perjury, resulting in an erroneous and excessive assessment of seriousness for Count 1 which required resentencing. The appropriate sentence reflects a midrange assessment for Count 1 and a reduced aggregate sentence allowing for physical and mental health issues under the established principles.

Court Disposition

Appeal allowed. Sentence quashed. Applicant resentenced.

Orders

  • Leave to appeal is granted.
  • The appeal is allowed.