R v Itamua [2000] NSWCCA 502

New South Wales Court of Criminal Appeal

CITATION : R v Itamua [2000] NSWCCA 502 FILE NUMBER(S) : CCA 60104/99 HEARING DATE(S) : 24 October 2000 JUDGMENT DATE : 4 December 2000

PARTIES : Regina v Donny Itamua JUDGMENT OF : Sheller JA at 1; Dowd J at 2; Smart AJ at 33

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/21/1333 LOWER COURT JUDICIAL Viney DCJ OFFICER :

COUNSEL : CB Simpson (Appellant) P Hock (Respondent) SOLICITORS : John B Hajje & Associates (Appellant) SE O'Connor (Respondent) CATCHWORDS : Criminal Law - multiple offences - imposition of correct sentences for each offence - application of Pearce v The Queen - need for legislative reform to enable Court to review all sentences when error in respect of principal sentence and other sentences manifestly inadequate - need for Crown to lodge appeals as to inadequate sentences - change of practice required pending legislative amendment Criminal Appeal Act 1912 LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 Crimes Act 1958 (Vic) Pearce v The Queen (1998) CLR 610 CASES CITED: Mill v The Queen (1988) 166 CLR 59 R v Fraser [2000] NSWCCA 97 McL v The Queen (2000) 74 ALJR 1319 DECISION : Leave to appeal against sentence on count 14 granted; appeal allowed; sentence quashed. In lieu of the sentence imposed on count 14 the prisoner Donny Itamua is sentenced to 14 years imprisonment to be cumulative on the fixed three year terms of imprisonment imposed by Judge Viney on the other counts; such 14 year sentence to start on 5 April 2001 with a non-parole period of eight years commencing on that day.