Halloway v R [2020] NSWCCA 292

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Halloway v R [2020] NSWCCA 292 Hearing dates: 28 October 2020 Date of orders: 30 November 2020 Decision date: 30 November 2020 Before: Hoeben CJ at CL at [1] Harrison J at [2] Ierace J at [55] Decision: (1) Grant leave to appeal against sentence. (2) Allow the appeal. (3) Quash the sentence imposed upon the applicant by her Honour Judge O'Rourke SC on 16 December 2019 and in lieu thereof sentence the applicant to an aggregate sentence of 6 years commencing 16 October 2018 with a non-parole period of 4 years expiring on 15 October 2022. (4) Refer the applicant to the Drug Court for assessment as the subject of a compulsory drug treatment order. Catchwords: APPEAL – sentence appeal – aggravated break and enter – larceny – take and drive conveyance – assault occasioning actual bodily harm – resentence – where conclusions of sentencing judge generally agreed with – where different assessment of subjective case – where applicant labouring under drug addiction and mental illness – referral to Drug Court for assessment Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Cases Cited: BP v R [2010] NSWCCA 159 Cohen v R [2011] NSWCCA 165 Dickinson v R [2016] NSWCCA 301 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Category: Principal judgment Parties: Michael Halloway (Applicant) Crown (Respondent) Representation: Counsel: M Crawford-Fish (Applicant) G Newton (Respondent)