Towney v R [2022] NSWCCA 289

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Towney v R [2022] NSWCCA 289 Hearing dates: 9 December 2022 Date of orders: 15 December 2022 Decision date: 15 December 2022 Before: Davies J at [1] Ierace J at [2] R A Hulme AJ at [3] Decision: (1) Leave to appeal against sentence granted. (2) Appeal allowed. (3) Vary the aggregate sentence of 4 years and 6 months with a non-parole period of 3 years imposed in the District Court on 19 August 2021 by specifying that it is to date from 28 November 2020. Catchwords: CRIME — sentence — appeal against sentence — error in backdating sentence of imprisonment — Crown conceded the error — contention it was necessary to re-exercise the sentencing discretion — held error did not affect sentencing discretion — intervention limited to correction of the error Legislation Cited: Crimes Act 1900 (NSW), s 35(2) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 24(a), 47(1)-(3) Criminal Appeal Act 1912 (NSW), s 6(3) Criminal Procedure Act 1986 (NSW), ss 166, 168(3) Firearms Act 1996 (NSW), s 62(1)(b) Cases Cited: Almaouie v R [2021] NSWCCA 274 Huynh v R [2022] NSWCCA 45 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 40 Lehn v R (2016) 93 NSWLR 205; [2016] NSWCCA 255 Category: Principal judgment Parties: Guyra Towney (Applicant) Rex (Respondent) Representation: Counsel: J Brock (Applicant) E Wilkins SC (Respondent)