R v Hoskins [2000] NSWCCA 415

New South Wales Court of Criminal Appeal

CITATION : R v Hoskins [2000] NSWCCA 415 FILE NUMBER(S) : CCA 60561 of 1999 HEARING DATE(S) : Friday 6 October 2000 JUDGMENT DATE : 18 October 2000

PARTIES : Richard Hoskins (applicant) Regina (respondent) JUDGMENT OF : Simpson J at 1; Hidden J at 2

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/51/0184 LOWER COURT JUDICIAL Twigg DCJ OFFICER :

COUNSEL : J Stratton (applicant) L M B Lamprati (Crown) SOLICITORS : Legal Aid Commission (applicant) DPP (respondent) CATCHWORDS : CRIMINAL LAW - Sentence - domestic violence - breaking into victim's home and assaulting her - errors in remarks on sentence - no question of principle Crimes Act 1900 LEGISLATION CITED : Criminal Appeal Act 1912 Sentencing Act 1989 Crimes (Sentencing Procedure) Act 1999 DECISION : Appeal allowed

IN THE COURT OF CRIMINAL APPEAL 60561 of 1999

SIMPSON J HIDDEN J

Wednesday 18 October 2000 Regina v Richard Hoskins

Judgment

1 SIMPSON J: I agree with Hidden J. 2 HIDDEN J: In the District Court at Coffs Harbour the applicant, Richard Barry Hoskins, adhered to a plea of guilty which he had entered in a local court to a charge of breaking and entering a dwelling house and committing therein a felony, that is, assault occasioning actual bodily harm. This is an offence under s112(1) of the Crimes Act, carrying a maximum sentence of fourteen years imprisonment. He asked the sentencing judge to take into account on a Form 2 a further offence of being carried in a conveyance without the consent of the owner. Taking that offence into account, his Honour sentenced him to imprisonment for six years, comprising a minimum term of three years to commence on 12 July 1999, the date he was taken into custody, and an additional term of three years.