Kite v R [2021] NSWCCA 159

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Kite v R [2021] NSWCCA 159 Hearing dates: 2 June 2021 Date of orders: 16 July 2021 Decision date: 16 July 2021 Before: Harrison J at [1] Bellew J at [2] Cavanagh J at [3] Decision: (1) Leave to appeal is granted. (2) The appeal is allowed. (3) The sentence imposed in the District Court is quashed. (4) In lieu thereof the appellant is sentenced to a term of imprisonment of 3 years commencing on 11 September 2019 and ending on 10 September 2022. (5) Specify a non-parole period of 1 year and 10 months commencing on 11 September 2019 and expiring on 10 July 2021. (6) Direct that the appellant be released forthwith. Catchwords: SENTENCING – Appeal against sentence – General principles – Accumulation – Where sentencing judge expressed an intention to partially accumulate but failed to do so – Appeal allowed Legislation Cited: Crimes Act 1900 (NSW) Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Newman (a pseudonym) v R [2019] NSWCCA 157 Pannowitz v R [2016] NSWCCA 13 Category: Principal judgment Parties: Ryan Kite (Applicant) Regina (Respondent) Representation: Counsel: T Ramrakha (Applicant) M Millward (Respondent)