Severity appeal — applicant convicted of two counts of reckless wounding, affray, aggravated break and enter and commit serious indictable offence — sentenced to 5 years and 6 months imprisonment with a non-parole period of 3 years and 6 months — social disadvantage and hardship — excellent upbringing with non-biological parents until aged 13 — return to biological family where criminal conduct normalised — alcohol and drug abuse, and history of offending — childhood and adolescent years equally formative — primary judge erred in not applying Bugmy v The Queen (2013) 249 CLR 571 principles — reduced moral culpability notwithstanding passage of time and intervening custodial sentences — effects of deprivation do not diminish over time — appeal allowed — re-sentenced to aggregate sentence of 5 years imprisonment with a non-parole period of three years.

Severity appeal — applicant 16 years at time of offending, not sentenced until 45 years later — applicant pleaded guilty to attempted buggery and indecent assault on a male — aggregate sentence of imprisonment for 8 years with a non-parole period of 5 years 7 months — applicant sexually abused as a child — assessment of objective seriousness on a collective basis was an error — aggregate sentence manifestly excessive — objective seriousness of offences is below mid-range — leave to appeal granted — appellant sentenced to an aggregate sentence of imprisonment for 3 years with a non-parole period of 2 years.

Severity appeal — applicant sentenced to imprisonment for 3 years, 9 months with non-parole period of 2 years for specially aggravated break and enter and committing a serious indictable offence — 78-year-old woman severely beaten with bricks and a piece of wood — applicant aged 12 years 10 months — sentence manifestly excessive — judge gave insufficient weight to applicant’s youth, immaturity, impulsivity and deprived background — appeal granted — applicant re-sentenced to a term of imprisonment for a non-parole period of 1 year, 4 months with a balance of term of 1 year, 8 months.

Sentencing — offender pleaded guilty to three separate sexual offences against children — Count 1 and Form 1 offences occurred when offender aged 15 years — Count 2 offence occurred when offender 26 years of age — offender has mild intellectual disability, ADHD, sexually abused by uncle when younger — criminality in count 1 is above mid-range due to young age of victim — offender is entitled to substantial mitigation for count 1 and Form 1 matters as they would have been dealt with in Children’s Court had they been reported closer to time of offending — unable to conclude that count 1 matter crosses the threshold of s 5 Crimes (Sentencing Procedure) Act 1999 — Community Corrections Order for 3 years for count 1 — 3 years, 6 months with a non-parole period of 1 year. 9 months for count 2.

Flanagan was 18 years and 10 months at time of offending — Brennan was 17 years and 10 months — aggravated break and enter — aggravated take and drive vehicle — knife used on one victim — both offenders on parole at time of offending — offenders’ youth, immaturity, deprived background, long history of offending, drug use, intellectual disability taken into account on sentencing — parity of sentence as equally liable for offences — Flanagan’s two sentences to be served concurrently — aggregate sentence 3 years and 9 months, non-parole period of 1 year and 11 months — Brennan’s sentence of 3 years and 4 months, non-parole period 1 year 8 months

Sentencing — supplying a prohibited drug — early exposure to illegal drug use — dysfunctional childhood relevant — sentencing judge found ample opportunity to reform as “mature” man — approach contrary to Bugmy v The Queen (2013) 249 CLR 571 — effects of childhood deprivation do not diminish — sentencing not manifestly excessive — re-exercise of sentencing discretion warranted due to error — appeal allowed and upheld and original sentence quashed — applicant re-sentenced.

Aboriginal offender — sentence appeal — applicant aged 19 at time of offence — found guilty after trial of one count of attempted robbery armed with a dangerous weapon — ss 97(2) and 344A(1) of the Crimes Act 1900 (NSW) — sentencing judge had no regard to applicant’s social disadvantage when exercising sentencing discretion — applicant’s disadvantaged background was a factor the judge ought to have considered: at [35]; Bugmy v The Queen (2013) 249 CLR 571 — error in failing to take into account a material consideration; House v The King (1936) 55 CLR 499 — supportive family background taken into account — applicant’s exposure to crime at an early age among members of his wider family and peers — interplay of conflicting sentencing considerations — independent re-exercise of the sentencing discretion — mitigating factors — age of applicant — exposure to criminal activity during his formative years — potentially crushing nature of a sentence which the applicant is already serving — other factors taken into account: lack of remorse, lengthy criminal history and poor compliance with supervision — sentence reduced.

Sentence appeal — wounding with intent to cause grievous bodily harm — s 33(1)(a) Crimes Act 1900 (NSW) — no error in finding that offence was within the midrange of objective seriousness — applicant’s subjective case including abusive upbringing properly taken into account — sentence not manifestly excessive — adult applicant with poor criminal record including a conviction as a juvenile and a history of drug use from the age of 10-years-old — psychologist’s report that applicant was subjected to ritual and constant physical, sexual and psychological abuse — leave to appeal granted but appeal dismissed.

Manslaughter of the offender’s newborn son — offender aged under 16 years — highly dysfunctional childhood — sentence of 10 years’ detention — appeal — new evidence that offender suffered from foetal alcohol spectrum disorders (FASD) — relevance of FASD to sentencing — whether a material mitigating factor — offender re-sentenced to a term of 7 years’ detention.