Beck v R [2024] NSWCCA 201

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Beck v R [2024] NSWCCA 201 Hearing dates: 14 October 2024 Date of orders: 1 November 2024 Decision date: 01 November 2024 Before: Basten AJA at [1]; Dhanji J at [38]; Faulkner J at [39] Decision: (1) Set aside the sentences imposed in the District Court 15 March 2024. (2) With respect to the State offence (sequence 7), impose a sentence of 15 months' imprisonment, being a fixed term to commence on 16 December 2023 and expire on 15 March 2025. (3) With respect to the federal offences (sequences 2 and 3), (a) impose an aggregate sentence of 22 months, to commence on 15 November 2024, and expire on 14 September 2026, and (b) direct, pursuant to s 20(1)(b) of the Crimes Act 1914, that the offender be released on 14 June 2025 upon him giving security in the sum of $1000 without surety, on condition that he be of good behaviour for a period of 15 months until 14 September 2026, and comply with the following further conditions: (i) the offender be subject to the supervision of a probation officer, that is a Community Corrections Officer; (ii) the offender report to the Community Corrections Office at CITY within 7 days of release from custody; (iii) the offender obey all reasonable directions of the Community Corrections Officer; (iv) the offender not travel interstate or overseas without the written permission of the probation officer. Catchwords: CRIME – appeal – appeal against sentence –sentences for State and Commonwealth offences – contemporaneous sentences – inconsistent orders – recognizance release order to take effect during State non-parole period – need to adjust structure of sentences Legislation Cited: Crimes Act 1900 (NSW), s 192E Crimes Act 1914 (Cth), s 4K, Pt 1B, ss 16E, 19, 19AB, 19AC, 19AJ, 20 Crimes (Administration of Sentences) Act 1999 (NSW), s 158 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 47, 53A Criminal Code Act 1995 (Cth), ss 477.1, 480.4 Judiciary Act 1903 (Cth), s 68 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), s 14 Cases Cited: Director of Public Prosecutions (Cth) v Beattie [2017] NSWCCA 301; 270 A Crim R 556 Director Public Prosecutions (Cth) v Swingler [2017] VSCA 305; 269 A Crim R 526 Kannis v R [2020] NSWCCA 79 Mercanti v The Queen [2011] WASCA 120; 249 FLR 223 Mill v The Queen (1988) 166 CLR 59; [1988] HCA 70 Putland v The Queen (2004) 218 CLR 174; [2004] HCA 8 Rizeq v Western Australia (2017) 262 CLR 1; [2017] HCA 23 Category: Principal judgment Parties: Andrew Beck (Applicant) (unrepresented) Rex (Respondent) Representation: Counsel: K D Ginges (Respondent)