Newton, Timothy v R [2009] NSWDC 161

New South Wales District Court

CITATION: Newton, Timothy v R [2009] NSWDC 161

JUDGMENT DATE: 8 May 2009

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: The appeal is allowed. The sentences are varied to commence on 3 March 2008. In all other respects the orders of the magistrate are confirmed.

CATCHWORDS: CRIMINAL LAW - Sentence appeal - concurrent sentences - sentences not back dated - unrepresented in Local Court

Crimes Act 1900 s 195(1)(b) Crimes (Appeal and Review Act) 2001 s 20(2) LEGISLATION CITED: Drug Misuse and Trafficking Act 1985 s 10(1) Weapons Prohibition Act 1988 s 7(1) Firearms Act 1996 s 65(3)

PARTIES: Timothy Newton R

FILE NUMBER(S): 2008/2115

SOLICITORS: Legal Aid Commission of NSW (appellant) NSW DPP (respondent)

JUDGMENT

1 Timothy Adam Newton has appealed to this Court from sentences imposed in the Local Court. On 27 November 2008 he was sentenced by a Magistrate at Parramatta Local Court for five offences. He appeals saying that those sentences were too severe.

2 The point argued by Mr Leary who appears for Mr Newton is a fairly straightforward point. Mr Leary argues that the sentences were all dated from one date and failed to take into account a period of pre-sentence custody of about twenty-one days.

BRYAN: Sorry your Honour that should be one month and 21 days. HIS HONOUR: That explains my note, 1M, yes. I was trying to work out what it is. HIS HONOUR: One month and twenty-one days. The sentences all dated from 24 April 2008. It is agreed between Mr Leary and Ms Bryan who appears for the respondent Director of Public Prosecutions that if the appeal on that point is upheld the correct date for the sentences to commence would be 3 March 2008.