January 7, 2019

R v CKG: NSW Court of Criminal Appeal rejects Crown Appeal

Criminal Appeals; Backdated sentences to the revocation of parole; Concurrent Sentences; Medical issues of the offender

Facts: Armed Robbery

The respondent, CKG, was on parole when he committed two robbery offences. He was arrested, sentenced and imprisoned for a term of four years with a non-parole period of three years. His sentence was backdated to April 2016 fully concurrent with parole revocation. CKG had an early plea of guilty and he received a 25% discount on his sentences.  

The Crown appealed CKG’s sentence on the basis of manifest inadequacy. They argued that it should not have been backdated, especially given the seriousness of the offences as alleged by the Crown.

Outcome: Court of Criminal Appeal: Crown Appeal for Inadequacy of Sentence

In the NSW Court of Criminal Appeal, O’Brien Solicitors argued on behalf of CKG. We said that the offences were not as serious as made out by the Crown and even if considered within the middle range of seriousness the sentence handed down could not be considered manifestly inadequate.

The CCA accepted that notwithstanding the sentence being relatively lenient at first instance, it was not manifestly inadequate for CKG. CKG’s medical condition was then as a relevant consideration to his prospects of rehabilitation. The Crown’s appeal was dismissed.

You can contact O’Brien Criminal and Civil Solicitors on (02) 9261 4281 to set up a free first appointment with one of our defence lawyers.