NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v English [2000] NSWCCA 245 revised - 11/07/2000 FILE NUMBER(S) : CCA 60453/99 HEARING DATE(S) : 16 June 2000 JUDGMENT DATE : 16 June 2000
PARTIES : Regina v Jason Wayne English JUDGMENT OF : Giles JA at 1; Adams J at 27
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/31/0099 LOWER COURT JUDICIAL Armitage DCJ OFFICER :
COUNSEL : Crown - M Grogan Applicant in person SOLICITORS : S E O'Connor - Crown Applicant in person CATCHWORDS : SENTENCING - offender sentenced on basis he only stood by - co-offender later sentenced on basis co-offender was the one who only stood by - could not be justifiable sense of grievance - Postiglione v The Queen (1997) 189 CLR 295 referred to - pre-sentence custody taken into account but sentence not backdated - no statement of reasons for not backdating - practice to backdate or state why not emphasised - R v McHugh (1985) 1 NSWLR 588, R v Deeble 19 September 1991, unreported - sentence nonetheless appropriate - minor adjustment made. DECISION : (1) Sentence is quashed. (2) The applicant is sentenced in substitution to a term of imprisonment of two years less seven days to commence on 26 July 1999 and to expire on 18 July 2000. (3) The Court sets a non parole period of eighteen months less seven days and the earliest date upon which the applicant will become eligible to be released on parole is 18 January 2001. (4) The applicant is to be released on parole at the end of the non-parole period.
THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
CA 60453/99 DC 99/31/0099 GILES JA ADAMS AJA Friday 16 June 2000
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