R v Clarke [2013] NSWCCA 260

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Clarke [2013] NSWCCA 260 Hearing dates: 22 May 2013 Decision date: 08 November 2013 Before: Hoeben CJ at CL at [1] Rothman J at [12 ] McCallum J at [28] Decision: Leave to appeal granted; appeal allowed; sentence imposed in the District Court quashed and in lieu thereof applicant sentenced to an aggregate sentence of imprisonment with a non-parole period of 3 years commencing on 21 July 2011 and expiring on 20 July 2014 and a balance of term of 2 years expiring on 20 July 2016. Catchwords: CRIME - sentencing - aggregate sentences - parity - where sentence imposed on co-offender very lenient and (by majority) erroneously so - application of principles stated in R v Green; R v Quinn Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 ss 53A, 54B Cases Cited: Clarke v R [2012] NSWCCA 272 Green v R; Quinn v R [2011] HCA 49 Jimmy v The Queen [2010] NSWCCA 60; (2010) 77 NSWLR 540 Muldrock v R [2011] HCA 39 R v Brown [2012] NSWCCA 199 R v Nguyen [2013] NSWCCA 195 R v Nykolyn [2012] NSWCCA 219 Category: Sentence Parties: Michael Clarke (applicant) Regina (respondent) Representation: Solicitors: Australian Criminal Law Specialists (appellant) Solicitor for Public Prosecutions (Crown) File Number(s): 2009/210610 Publication restriction: None Decision under appeal Date of Decision: 21 July 2011 Before: Williams DCJ File Number(s): 2009/210610