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Court of Criminal Appeal 16 June 2025

Leal v R

[2025] NSWCCA 92

Theft & propertyFirearms & weaponsPublic order & justice offences
CRIME APPEALS APPEAL AGAINST SENTENCE PLEAS OF GUILTY

Citation: Leal v R [2025] NSWCCA 92
Court: Court of Criminal Appeal, NSW
Date: 16 June 2025
Judges: Harrison CJ at CL, Wright J, Huggett J (judgment)

Background

The applicant was sentenced in the District Court in March 2024 following guilty pleas to 13 offences, all committed on 27 October 2022 while he was on parole. A fourteenth offence, committed on 6 September 2022, was taken into account on a Form 1 document. The offending arose from a sequence of events that began with the applicant taking a hire car without consent and culminated in a police pursuit, the use of a loaded shortened firearm to detain a person, and damage to multiple vehicles.

The most serious offences were detaining a person with intent to escape lawful apprehension (maximum 14 years) and using an offensive weapon, namely a shortened firearm, with intent to prevent lawful apprehension (maximum 12 years). Harris DCJ imposed an aggregate sentence of 7 years and 6 months' imprisonment, with a non-parole period of 4 years and 3 months.

The applicant sought leave to appeal, arguing that the sentencing judge either applied the guilty plea discount incorrectly or failed to adequately explain how the discount was calculated, and that the overall sentence was manifestly excessive.

  • Whether the sentencing judge erred by applying the guilty plea discount to the aggregate sentence rather than to each indicative sentence individually (Ground 1A)
  • Whether the sentencing remarks were insufficient to disclose how the discount was applied (Ground 1B, argued in the alternative)
  • Whether the aggregate sentence of 7 years and 6 months was manifestly excessive (Ground 2)

Decision

On Grounds 1A and 1B, the Court rejected the submission that the sentencing judge had erred. Huggett J, with Harrison CJ at CL and Wright J agreeing, held that reading the sentencing remarks as a whole, the logical inference was that the judge understood and correctly applied a 25% discount for the multiple guilty pleas. The remarks were found to be sufficient for this purpose, and no error was established in the method or transparency of the calculation.

On Ground 2, the Court held that the applicant had not demonstrated the sentence was unreasonable or unjust. Huggett J identified several factors supporting the outcome: the objective seriousness of Sequences 6 and 7 (which involved a loaded firearm pointed at the victim); the applicant's poor parole history; the fact that all offences were committed while on parole and some while on bail for the Form 1 firearms offence; and a prior criminal record involving weapons-related offending. The imposition of a significant head sentence with a meaningful reduction in the non-parole period was within the sentencing judge's discretion.

The Court granted leave to appeal but dismissed both grounds.

Orders Made

  • Leave to appeal granted
  • Appeal dismissed

Key Takeaways

  • Applying a guilty plea discount to an aggregate sentence, rather than to each indicative sentence separately, does not constitute a legal error, provided the sentencing remarks as a whole disclose that the correct discount was understood and applied.
  • Where sentencing remarks are read holistically, a logical inference that the correct discount percentage was applied can be sufficient, even if the mechanics are not spelled out in detail for every individual indicative sentence.
  • In dismissing the manifest excess ground, the Court of Criminal Appeal affirmed that a significant reduction in the non-parole period relative to the head sentence can be an appropriate exercise of discretion, particularly where special circumstances are found.
  • Offending committed while on parole, and further offending committed while on bail for an earlier parole-related offence, are weighty factors bearing on objective seriousness and the weight to be given to specific deterrence, denunciation, and community protection.
  • No error was established in the sentencing judge's treatment of the Form 1 firearms offence as placing "upward pressure" on the sentence for the related substantive count.

Legislation and Cases Referenced

Legislation:
- Crimes Act 1900 (NSW), ss 33B(1)(a), 51B(1), 86(1)(b), 154A(1)(a), 195(1)(a)
- Crimes (Sentencing Procedure) Act 1999 (NSW), ss 10A, 21A(2)(j), 53A(2)(b)
- Criminal Appeal Act 1912 (NSW), s 5(1)(c)
- Criminal Procedure Act 1986 (NSW), s 166
- Firearms Act 1996 (NSW), s 7A(1)
- Road Rules 2014 (NSW), s 287(1)
- Road Transport Act 2013 (NSW), s 53(3)

Cases:
- Acton v R [2024] NSWCCA 92
- Bugmy v The Queen (2013) 249 CLR 571
- Elsaj v R [2017] NSWCCA 124
- Ibbotson (a pseudonym) v R [2020] NSWCCA 92
- JM v R (2014) 246 A Crim R 528
- Kentwell v The Queen (2014) 252 CLR 601
- Ladas v R [2022] NSWCCA 160
- Obeid v R (2017) 96 NSWLR 155
- Owens v R [2023] NSWCCA 198
- R v Manok [2017] NSWCCA 232
- RO v R [2019] NSWCCA 183
- Usaia v R [2023] NSWCCA 57
- Weiss v R [2020] NSWCCA 188