Valentine v R (No 2) [2023] NSWCCA 189

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Valentine v R (No 2) [2023] NSWCCA 189 Hearing dates: On the papers Date of orders: 31 July 2023 Decision date: 31 July 2023 Before: Basten AJA at [1]; Button J at [25]; Wilson J at [26] Decision: (1) Quash the sentence imposed in the District Court and resentence the applicant to an aggregate term comprising a non-parole period of 12 years and an additional term of 8 years. (2) The sentence will date from 24 May 2019. Accordingly, the offender will be eligible for release on parole on 23 May 2031. Catchwords: CRIME – sentencing – aggregate sentence based on multiple convictions – one conviction set aside on appeal – resentencing – minor effect of acquittal on seriousness of course of offending – unforeseen onerous conditions of imprisonment during COVID-19 pandemic – reduction of sentence warranted Legislation Cited: Criminal Appeal Act 1912 (NSW), s 7 Cases Cited: DL v The Queen (2018) 265 CLR 215; [2018] HCA 32 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 McKinnon v R [2020] NSWCCA 106 PH v R [2023] NSWCCA 176 Scott v R [2020] NSWCCA 81 Valentine v R [2023] NSWCCA 43 Category: Sentence Parties: Frank Valentine (Appellant) Director of Public Prosecutions (Respondent) Representation: Counsel: Ms A Francis (Appellant) Mr E Balodis (Respondent)

Solicitors: Randall Legal (Appellant) C Hyland, Solicitor for Public Prosecutions (Respondent) File Number(s): 2016/00168451 2017/00157047 Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Citation: [2019] NSWDC 201 (On sentence) Date of Decision: 24 May 2019 Before: Noman SC DCJ File Number(s): 2016/00168451