Glover v R; Coco v R [2023] NSWDC 322

District Court New South Wales

Medium Neutral Citation: Glover v R; Coco v R [2023] NSWDC 322 Hearing dates: 15 March 2023 Date of orders: 15 March 2023 Decision date: 15 March 2023 Jurisdiction: Criminal Before: M L Williams SC DCJ Decision: Glover: The severity appeal is upheld. The conviction and sentence orders are set aside. The appellant is to comply with a conditional release order without conviction for a period of 12 months: at [19]. Coco: Sequences 1, 4, 7 The severity appeal is upheld. The convictions are confirmed, and the sentence orders are set aside. Sequence 1, the appellant is to comply with a conditional release order with conviction for a period of 12 months Sequence 4 & 7, the appellant is convicted pursuant to s10A of the Crimes (Sentencing Procedure) Act 1999. Sequence 3 Leave granted to file a conviction appeal. The appeal is unopposed. The conviction appeal is upheld and the conviction and sentence orders are set aside. : at [31]-[32]. Catchwords: CRIME — Appeals — Appeal against conviction CRIME — Appeals — Appeal against sentence — Re-sentence – "false fact" - SENTENCING — Appeal against sentence — Severity SENTENCING — Relevant factors on sentence — — Co-offenders — Factual basis for sentence — Quasi custody — Objective seriousness — Proportionality SENTENCING — Sentencing procedure — Findings of fact SENTENCING — Subjective considerations on sentence Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Explosive Regulation 2013 Law Enforcement (Powers and Responsibilities) Act 2002 Roads Act 1993 Cases Cited: KM v R [2023] NSWCCA 10 R v Mauger [2012] NSWCCA 51 Category: Sentence Parties: Alan Glover (Appellant)