Mandranis v R [2021] NSWCCA 97

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Mandranis v R [2021] NSWCCA 97 Hearing dates: 3 May 2021 Date of orders: 14 May 2021 Decision date: 14 May 2021 Before: Simpson AJA at [1] Garling J at [65] N Adams J at [66] Decision: 1. Leave to appeal granted. 2. Appeal allowed; sentences imposed in the District Court on 7 August 2020 set aside; 3. In lieu thereof the applicant be sentenced to an aggregate term of imprisonment for 19 months, commencing on 14 May 2021 and expiring on 13 December 2022. 4. Pursuant to s 7(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW), (Sentencing Procedure Act) the sentence be served by way of intensive correction in the community. 5. The standard conditions prescribed by s 73 of the Sentencing Procedure Act apply - see [64]; 6. The following additional conditions apply – see [64]. Catchwords: CRIME – appeals – appeal against sentence – resentence – penalties – Intensive Correction Orders – construction of s 68 of the Crimes (Sentencing Procedure) Act 1999 (NSW) – whether court permitted first to form an intention to make an ICO and then to select a sentence in order to satisfy s 68 – construction of s 66 of the Crimes (Sentencing Procedure) Act – whether court must positively conclude that an ICO is more likely to address the offender's risk of reoffending than would serving a sentence of full time custody – effect of ss 70 and 71 of the Crimes (Sentencing Procedure) Act – whether an ICO can be made where a sentence is fixed to commence at an earlier time than the date on which it is imposed Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 (NSW) Criminal Procedure Act 1986 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Casella v R [2019] NSWCCA 201 Douar v R [2005] NSWCCA 455 Kentwell v The Queen [2014] HCA 37; 252 CLR 601 R v Assaad [2009] NSWCCA 182 R v Fangaloka [2019] NSWCCA 173 R v JCE [2000] NSWCCA 498; (2000) 120 A Crim R 18 Parente v R [2017] NSWCCA 284 R v Pullen [2018] NSWCCA 264 Robertson v R [2017] NSWCCA 205 R v Zamagias [2002] NSWCCA 17 Category: Principal judgment Parties: Taryn James Mandranis (A) The Crown (R) Representation: Counsel: K H Averre (A) E Wilkins SC (Crown)