Valentine v R [2020] NSWCCA 116

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Valentine v R [2020] NSWCCA 116 Hearing dates: 19 May 2020 Date of orders: 04 June 2020 Decision date: 04 June 2020 Before: Harrison J at [1]; R A Hulme J at [2]; Wright J at [3] Decision: (1) Grant the applicant leave to appeal against sentence.

(2) Allow the appeal against sentence.

(3) The sentences imposed in the District Court on 16 July 2019 are quashed.

(4) The applicant is sentenced as follows:

(a) In respect of sequence 2, imprisonment for 9 months commencing on 16 March 2019 and expiring on 15 December 2019. (b) In respect of sequence 1, imprisonment with a non-parole period of 1 year and 2 months commencing on 16 May 2019 and expiring on 15 July 2020 and a balance of the term of 1 year and 1 month expiring on 15 August 2021. The earliest date the applicant will become entitled to release on parole is 16 July 2020. Catchwords: CRIMINAL LAW – Sentencing – Appeal against sentence – Whether sentencing judge failed to have regard to utilitarian value of early guilty pleas – Error conceded – Whether lesser sentence warranted on the basis of material before the Court – Appeal against sentence allowed – Resentence with 25% discount for early plea Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Cases Cited: Baxter v R [2007] NSWCCA 237 DL v The Queen (2018) 265 CLR 215; [2018] HCA 32 Hallak v R [2014] NSWCCA 48 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Lee v R [2016] NSWCCA 146 Minehan v R [2010] NSWCCA 140; (2010) 201 A Crim R 243 R v Booth [2009] NSWCCA 89 R v Thomson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309 Raad v R [2015] NSWCCA 276 Zhang v R [2018] NSWCCA 82 Category: Sentence Parties: Oliver Mitch Valentine (Applicant) Regina (Crown) Representation: Counsel: S Goodwin (Applicant) R Howle (Crown)