REGINA v. PHILP [1999] NSWCCA 253

Reported Decision : 108 A Crim R 336

New South Wales Court of Criminal Appeal CITATION : REGINA v. PHILP [1999] NSWCCA 253 FILE NUMBER(S) : CCA 60157 of 1999 HEARING DATE(S) : Monday 16 August 1999 JUDGMENT DATE : 16 August 1999

PARTIES : REGINA v. PHILP, Gregory Lee JUDGMENT OF : Wood CJ at CL at 26; Greg James J at 2

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 96/61/0193 LOWER COURT JUDICIAL OFFICER : Mahoney, DCJ.

COUNSEL : Crown: L.M.B. Lamprati App: P.J.D. Hamill SOLICITORS : Crown: S.E. O'Connor App: Western Aboriginal Legal Service Limited CATCHWORDS : Sentencing - deferred sentence - relevance of good conduct during lengthy remand - terms of recognisance - error as to length - error as to inappropriate terms - inappropriate to require supervision for whole term unless Probation Service deem it necessary - inappropriate to impose term unrelated to offence, controlling offender's private life - inappropriate term as to place offender could consume alcohol - such term inconsistent with offence and record - remarks as to call up on recognisance inappropriate as suggesting pre-judgment and lack of impartiality - role of judge and prosecutor in sentencing proceedings - patronising and hostile attitude inappropriate - necessity for objective detachment and dispassionate assessment on sentencing. ACTS CITED : Crimes Act 1900 Macpherson v. Beath (1975) 12 SASR 174; Harvey (1989) 40 A. Crim R. 102; CASES CITED: Chow v. Director of Public Prosecutions (1992) 28 NSWLR 593; Davis (1984) 3 NSWLR 572; Gibson v. O'Keefe (Einstein, J., 20 May 1998) DECISION : Appeal upheld