Veale v R [2022] NSWCCA 154

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Veale v R [2022] NSWCCA 154 Hearing dates: 6 July 2022 Date of orders: 13 July 2022 Decision date: 13 July 2022 Before: Meagher JA; Fullerton J; Ierace J Decision: (1) Grant the appellant leave to appeal from the sentences imposed by the District Court on 15 March 2022. (2) Allow the appeal on ground 1. (3) Quash the sentences imposed by the District Court on 15 March 2022. (4) In lieu of those sentences, impose the following sentences: (a) In respect of count 2, a term of imprisonment of 3 years commencing on 16 October 2020 and expiring on 15 October 2023; and (b) In respect of count 3 (and taking into account the s 16BA offence), a term of imprisonment of 2 years and 4 months commencing on 16 October 2020 and expiring on 15 February 2023. Accordingly the aggregate of the two sentences to be imposed is 3 years. (5) Order pursuant to s 20(1)(b) of the Crimes Act 1914 (Cth) that the appellant be released from imprisonment on 15 July 2022 upon his giving security by recognizance of $100 to comply until 15 October 2023 with the conditions set out in [65] below. (6) Direct that by 5pm on 14 July 2022 the appellant sign a recognizance in the form attached to the judgment in this appeal and marked "A". Catchwords: CRIME – appeals – appeal against sentence – where sentencing judge fixed non-parole period to expire on date of sentence – where judge recommended that applicant be released on that day – whether sentencing judge proceeded on mistaken belief as to operation of parole provisions in Crimes Act 1914 (Cth) – whether judge believed effect of sentence imposed would be that applicant was released to parole on that day Legislation Cited: Crimes Act 1914 (Cth), ss 15YR, 16BA, 16F(1), 19AB, 19AC, 19AF(1), 19AH(1), 19AL, 19ALA(1)(f), 19AM(1), 20(1)(b), 20(1B), 20A(5)(c), 20AA, 20AB Crimes (Sentencing Procedure) Act 1999 (NSW), ss 48, 50 Criminal Appeal Act 1912 (NSW), ss 5(1)(c), 6(3) Criminal Code Act 1995 (Cth), ss 474.15, 474.17, 474.26 Mental Health (Forensic Provisions) Act 1990 (NSW), s 32(3)(a) Cases Cited: DL v The Queen (2018) 265 CLR 215; [2018] HCA 32 House v The King (1936) 55 CLR 499; [1936] HCA 40 Johan v R [2019] NSWCCA 126 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Khawaja v Attorney-General (Cth) [2022] FCA 334 R v Muldrock [2010] NSWCCA 106 Whyte v R [2019] NSWCCA 218 Category: Principal judgment Parties: Richard Veale (Applicant) Regina (Cth) (Respondent) Representation: Counsel: