Scholte v Rex [2023] NSWCCA 318

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Scholte v Rex [2023] NSWCCA 318 Hearing dates: 1 December 2023 Date of orders: 12 December 2023 Decision date: 12 December 2023 Before: Simpson AJA at [1]; Button J at [35]; Weinstein J at [36] Decision: 1. Leave granted to appeal against the sentence imposed on 20 September 2022; 2. Appeal allowed; sentence quashed; 3. In lieu thereof the applicant sentenced to imprisonment made up of a non-parole period of 2 years, commencing on 29 July 2022, and expiring on 28 July 2024, and a balance of term of 2 years which will expire on 28 July 2026. Catchwords: CRIME – appeals – appeal against sentence – aggregate sentences – where aggregate sentence not reconcilable with the sentencing judge's stated intentions as to the accumulation of the indicative sentences – error conceded by the Crown SENTENCING – firearms offences – where offender convicted of possession, use and unsafe storage of a firearm – general need for some degree of accumulation – where subjective circumstances justified minimal accumulation Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 44, 53A, 166 Criminal Procedure Act 1986 (NSW), ss 33B, 61 Firearms Act 1996 (NSW), ss 7A, 39 Cases Cited: Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Lehn v R (2016) 93 NSWLR 205; [2016] NSWCCA 255 Category: Principal judgment Parties: Shane Nathan Scholte (Applicant) The Crown Representation: Counsel: L Brasch (Applicant) J Styles (Respondent/Crown)