Norford v R [2020] NSWCCA 104

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Norford v R [2020] NSWCCA 104 Hearing dates: 7 May 2020 Date of orders: 27 May 2020 Decision date: 27 May 2020 Before: Simpson AJA at [1] Rothman J at [2] Bellew J at [3] Decision: (1) Leave to appeal against sentence granted.

(2) Appeal allowed.

(3) The sentence imposed in the District Court in respect of the offence contrary to s 112(2) of the Crimes Act 1900 (NSW) is quashed.

(4) In lieu thereof, the applicant is sentenced to a non-parole period of 1 year and 9 months' imprisonment to date from 30 November 2018 and to expire on 29 August 2020, with an additional term of 1 year and 9 months' imprisonment commencing on 30 August 2020 and expiring on 29 May 2022. Catchwords: CRIMINAL LAW – Appeal – Sentence – Whether sentence manifestly excessive – Where applicant pleaded guilty to break and enter and commit a serious indictable offence in circumstances of aggravation – Where serious indictable offence was larceny – Favourable findings made by the sentencing judge regarding the circumstances of the offending – Findings inconsistent with conclusions as to objective seriousness – Error established – Where the findings of the sentencing judge were not challenged – Special circumstances justifying adjustment of statutory ratio – Prospects of rehabilitation against a background of lengthy criminal history – Applicant re-sentenced Legislation Cited: Crimes Act 1900 (NSW) Cases Cited: Cohen v R [2011] NSWCCA 165 Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221 Category: Principal judgment Parties: Timothy John Norford – Applicant Regina – Respondent Representation: Counsel: P Coady – Applicant C Young – Respondent