Pehar v R [2020] NSWCCA 118

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Pehar v R [2020] NSWCCA 118 Hearing dates: 11 May 2020 Date of orders: 05 June 2020 Decision date: 05 June 2020 Before: Meagher JA at [1]; Fullerton J at [2]; Wilson J at [57] Decision: 1. Leave to appeal granted. 2. Appeal against sentence allowed. 3. Sentence imposed by Wilson SC DCJ on 12 August 2019 is quashed and in lieu thereof an aggregate sentence of 4 years and 6 months is imposed to commence on 27 September 2018 and expire on 26 March 2023, with a non-parole period of 2 years and 3 months to expire on 26 December 2020. Catchwords: CRIME – Appeals – Appeal against sentence – whether offences were aggravated by the fact they were committed in company – in company – sentencing error in finding the offences were committed "in company" – finding of special circumstances – indicative sentences – joint criminal enterprise – larceny – take and drive conveyance – destroy or damage property – aggravated break, enter and commit serious indictable offence Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Cases Cited: Gore v R; Hunter v R (2010) 208 A Crim R 353; [2010] NSWCCA 330 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Newman (A Pseudonym) v R [2019] NSWCCA 157 R v Pham [2018] NSWSC 822 White v R (2016) 261 A Crim R 302; [2016] NSWCCA 190 Category: Principal judgment Parties: Marco Pehar (Applicant) The Crown (Respondent) Representation: Counsel: P Lange (Applicant) M Millward (Crown)