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Key decisions

  • Towers v R [2025] NSWCCA 142
  • Wei v R [2025] NSWCCA 150

Towers v R [2025] NSWCCA 142

Sentencing – Henry guideline – objective versus subjective features of the offending

In this decision, the Court of Criminal Appeal (‘CCA’) drew attention to the importance of keeping the objective and subjective factors of sentencing separate—and, more particularly, the importance of not allowing the existence of a guideline judgment to detract from the obligation to make distinct findings about the objective seriousness of the offending.

The applicant pleaded guilty to a range of offences including, relevantly, an offence of aggravated steal from person (using corporal violence). That offence is in section 95 of the Crimes Act 1900, which is the same offence provision as aggravated robbery. Because the offence was in a similar category to aggravated robbery, the guideline judgment for sentencing in aggravated robbery matters (R v Henry [1999] NSWCCA 111 (‘Henry’)) was relevant on sentence.

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