Stephens v R (No 2) [2022] NSWCCA 227

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Stephens v R (No 2) [2022] NSWCCA 227 Hearing dates: 9 July 2021 Date of orders: 14 October 2022 Decision date: 25 October 2022 Before: Simpson AJA; Davies J; Button J Decision: (1) The applicant is sentenced to an aggregate head sentence of imprisonment for 4 years 6 months commencing on 26 August 2019 and expiring on 25 February 2024, with a non-parole period of 2 years 9 months that expired on 25 May 2022. Catchwords: CRIMINAL APPEAL – remittal for re-sentence from the High Court of Australia – High Court quashed all convictions subject to High Court appeal – remaining convictions not subject to appeal require re-sentence – no reason to depart from previous indicative sentences – no reason to depart from previous ratio between head sentence and non-parole period – applicant re-sentenced Legislation Cited: Crimes Act 1900 (NSW) Cases Cited: Stephens v R [2021] NSWCCA 152; (2021) 290 A Crim R 303 Stephens v The Queen [2022] HCA 31; (2022) 96 ALJR 871 Category: Consequential orders Parties: Peter Leonard Stephens (Applicant) Regina (Crown) Representation: Counsel: A Cook (Applicant) D Kell SC & M W R Adams (Crown)

Solicitors: Macedone Legal (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2017/331553 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 13 November 2019 Before: Woodburne SC DCJ File Number(s): 2017/331553