Moye v R [2022] NSWCCA 96

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Moye v R [2022] NSWCCA 96 Hearing dates: 6 May 2022 Date of orders: 13 May 2022 Decision date: 13 May 2022 Before: Basten AJA at [1]; Price J at [2]; N Adams J at [29] Decision: (1) Leave to appeal against sentence is granted. (2) The appeal against sentence is allowed. (3) The sentence imposed by McLennan SC DCJ on 28 October 2020 is quashed. (4) In lieu thereof, the applicant is sentenced to an aggregate term of imprisonment of 5 years and 9 months, commencing on 25 July 2020, with a non-parole period of 3 years 7 months 4 days, expiring on 28 February 2024. Catchwords: CRIME — Appeals — Appeal against sentence – aggregate sentence for offences involving dishonesty – concession by the Crown that sentencing judge was mistaken as to the maximum term of imprisonment for three offences on a s 166 certificate and as to the backdating of sentence – appeal allowed – re-sentence – affidavits tendered on re-sentence – whether more favourable subjective findings should be made Legislation Cited: Crimes Act 1900 (NSW), s 527C(1)(c) Criminal Procedure Act 1986 (NSW), s 166 Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Jason Phillip Moye (Applicant) Regina (Respondent) Representation: Counsel: T Quilter (Applicant) E Nicholson (Respondent)

Solicitors: Legal Aid NSW (Applicant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2019/233414 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Citation: Nil Date of Decision: 28 October 2020 Before: McLennan SC DCJ File Number(s): 2019/233414