Monteiro v R [2022] NSWCCA 37

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Monteiro v R [2022] NSWCCA 37 Hearing dates: 9 February 2022, 17 February 2022 Date of orders: 17 February 2022 Decision date: 28 February 2022 Before: Payne JA; Rothman J; Harrison J Decision: (1) Leave to appeal granted. (2) The appeal against severity of sentence allowed. (3) The sentence imposed by the District Court on the applicant, Simon Monteiro, on 16 June 2021 is quashed. In lieu thereof the applicant is sentenced to a fixed term of imprisonment of 18 months, commencing 18 August 2020 and expiring 17 February 2022. (4) The applicant be released on 17 February 2022. Catchwords: CRIME – APPEAL – sentence appeal – breach of ESO – breaches do not give rise to increased risk of offending for which ESO imposed – manifest excess Legislation Cited: Bail Act 2013 (NSW), s 22 Crimes (High Risk Offenders) Act 2006 (NSW), ss 5B, 5C, 11 Crimes (Sentencing Procedure) Act 1999 (NSW), s 5 Criminal Appeal Act 1912 (NSW), s 12 Criminal Procedure Act 1986 (NSW), s 166 Cases Cited: DPP (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 R v Metal Trades Employers' Association; Ex parte Amalgamated Engineering Union, Australian Section (1951) 82 CLR 208; [1951] HCA 3 R v Monteiro [2021] NSWDC 340 State of NSW v Monteiro (Final) [2020] NSWSC 881 Wilde v NSW [2015] NSWCA 28; (2015) 249 A Crim R 65 Category: Principal judgment Parties: Simon Monteiro (Applicant) Regina (Respondent) Representation: Simon Monteiro (Applicant) E Balodis (Respondent) File Number(s): 2022/20436; 2020/241035 Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Citation: [2021] NSWDC 340 Date of Decision: 16 June 2021 Before: Bright DCJ File Number(s): 2020/241035