Grimes v R [2022] NSWCCA 237

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Grimes v R [2022] NSWCCA 237 Hearing dates: 7 November 2022 Date of orders: 7 November 2022 Decision date: 07 November 2022 Before: Button J; Fagan J; Yehia J Decision: 1. Leave to appeal out of time, and leave to appeal, is granted. 2. Appeal allowed. 3. The Applicant is sentenced to total term of imprisonment of 9 years, with a non-parole period of 6 years, commencing on 16 September 2019. The head sentence is to expire on 15 September 2028, and the non-parole period is to expire on 15 September 2025. 4. The first date on which the Applicant will be eligible for possible release to parole is 15 September 2025. Catchwords: CRIME – Appeals – Appeal against sentence – Miscalculation as to backdate of sentence – Concurrence between parties – Not an error which reopens sentencing discretion – Applicant re-sentence with correct backdate applied Legislation Cited: Criminal Appeal Act 1912 (NSW) Cases Cited: Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Lehn v R [2016] NSWCCA 45 Category: Principal judgment Parties: Anthony John Grimes (Applicant) Rex (Respondent) Representation: Counsel: G Huxley (Applicant) D Jordan (Respondent)

Solicitors: Murphy's Lawyers Inc (Applicant) Solicitor for Public Prosecutions (Cth) (Respondent) File Number(s): 2019/208457 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 21 April 2021 Before: Norrish QC DCJ File Number(s): 2019/00208457