R v JH [2021] NSWCCA 299

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v JH [2021] NSWCCA 299 Hearing dates: 01 December 2021 Date of orders: 17 December 2021 Decision date: 17 December 2021 Before: Harrison J at [1] Davies J at [24] Wright J at [25] Decision: (1) Allow the appeal. (2) Quash the sentence imposed by the District Court on 3 June 2021. (3) Remit the sentencing proceedings to the District Court to be dealt with according to law. (4) Stand the matter into the Sydney District Court Arraignment list at 9.30am on Friday 21 January 2022. Catchwords: CRIMINAL LAW – appeal – Crown appeal against sentence – where count carrying a maximum sentence of life imprisonment placed on a Form 1 contrary to s 33(4)(b) of the Crimes (Sentencing Procedure) Act 1999 – where sentencing proceedings miscarried – where offender to be re-sentenced – whether offender should be re-sentenced in this Court or remitted to the District Court Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Cases Cited: Clappison v R [2017] NSWCCA 33. Paul Campbell v R [2018] NSWCCA 87 R v Issa [2002] NSWCCA 206 Category: Principal judgment Parties: Regina (Appellant) JH (Respondent) Representation: Counsel: G Newton (Appellant) M King (Respondent)

Solicitors: Solicitor for Public Prosecutions (NSW) (Appellant) David Davidge Solicitor (Respondent) File Number(s): 2019/82447; 2019/111762; 2019/111787; 2019/158410; 2019/162368; 2019/355377; 2019/111857 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 3 June 2021 Before: Grant DCJ File Number(s): 2019/82447; 2019/111787; 2019/111762; 2019/158410; 2019/162368; 2019/355377; 2019/111857