Hala v R [2024] NSWCCA 146

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hala v R [2024] NSWCCA 146 Hearing dates: 15 July 2024 Date of orders: 9 August 2024 Decision date: 09 August 2024 Before: Harrison CJ at CL at [1] Dhanji J at [2] Sweeney J at [3] Decision: 1. Grant leave to appeal. 2. Allow the appeal. 3. Quash the sentence imposed by Judge Grant on 6 June 2023. 4. In lieu thereof the applicant is sentenced as follows: (a) Applying the 25% discount for the pleas of guilty to the indicative sentences, the indicative sentences are: (i) For the proceeds of crime offence, taking into account the two offences on the Form 1, 6 months imprisonment. (ii) For the assault of the police officer occasioning actual bodily harm, 18 months imprisonment with a non-parole period of 6 months. For those offences I impose an aggregate sentence of 21 months imprisonment, with a non-parole period of 6 months imprisonment, commencing on 10 September 2023, the non-parole period expiring on 9 March 2024. (b) For the offence of escaping lawful custody I impose a sentence of 6 months imprisonment commencing on 10 March 2024, expiring on 9 September 2024. (c) The total sentence will expire on 9 June 2025. The applicant is to be released to parole on 9 September 2024. Catchwords: CRIME — Appeals — Appeal against sentence — Re-sentence — Commencement date of sentence Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Crimes (Administration of Sentences) Act 1999 (NSW) Cases Cited: Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 White v R [2016] NSWCCA 190 Texts Cited: Nil Category: Principal judgment Parties: Lopeti Hala (Appellant) Rex (Crown) (Respondent) Representation: Counsel: S Howell with H Skinner (Appellant) E Wilkins SC (Respondent)