Browne v R [2023] NSWCCA 218

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Browne v R [2023] NSWCCA 218 Hearing dates: 26 June 2023 Date of orders: 05 September 2023 Decision date: 05 September 2023 Before: Kirk JA at [1] Button J at [2] Lonergan J at [3] Decision: (1) Leave to appeal against sentence granted. (2) Appeal allowed. (3) The sentence imposed by Craigie SC DCJ on 21 April 2022 is quashed. (4) In lieu thereof, the applicant is sentenced as follows: (1) For the offence in contravention of s 112(2) of the Crimes Act, taking into account the offences on the Form 1, a period of imprisonment for 3 years commencing on 14 February 2022 and expiring on 13 February 2025 with a non-parole period of 2 years and 3 months commencing on 14 February 2022 and expiring on 13 May 2024. (2) For the offence in contravention of s 54(1)(a) of the Road Transport Act, imprisonment for 6 months commencing on 14 February 2022 and expiring on 13 August 2022 together with a 12 month disqualification from driving. (3) The total sentence imposed is a period of imprisonment for 3 years commencing on 14 February 2022 and expiring on 13 February 2025 with a non-parole period of 2 years and 3 months commencing on 14 February 2022 and expiring on 13 May 2024. (5) The earliest date the applicant will be eligible to be released on parole in respect of this offending is 13 May 2024. Catchwords: CRIMINAL LAW – sentence appeal – error in commencement date – commencement date in breach of s 47(5) of the Crimes (Sentencing Procedure) Act 1999 (NSW) Legislation Cited: Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Road Transport Act 2013 (NSW) Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 DS v R [2014] NSWCCA 267 Kadwell (a pseudonym) v R [2021] NSWCCA 4 Kelly v R [2017] NSWCCA 256 Kentwell v R (2014) 252 CLR 601; [2014] HCA 37 R v Gray [2018] NSWCCA 241 White v R [2016] NSWCCA 190 Category: Principal judgment Parties: Geoffrey Peter Browne (Applicant) Rex (Respondent) Representation: Counsel: K H Averre / H Thomas-Dubler (Applicant) E Wilkins SC (Respondent)