REGINA v. GREENAWAY [2000] NSWCCA 368

Reported Decision : [2000] A Crim R 299

New South Wales Court of Criminal Appeal

CITATION : REGINA v. GREENAWAY [2000] NSWCCA 368 FILE NUMBER(S) : CCA No. 60253 of 1999 HEARING DATE(S) : Tuesday 12 September 2000 JUDGMENT DATE : 12 September 2000

PARTIES : REGINA v. GREENAWAY, Donald Victor JUDGMENT OF : Priestley JA at 1/39; Greg James J at 2; Kirby J at 40

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/31/0140 LOWER COURT JUDICIAL Coleman, DCJ. OFFICER :

COUNSEL : Crown: T.J. Buddin, SC. App: P. Byrne, SC./P.J. Harper SOLICITORS : Crown: S.E. O'Connor App: Hill Sneddon Partners CATCHWORDS : Criminal law - appeal against conviction - offence abolished and replaced by new offence - unable to ascertain which offence committed because of date - Crown concedes ground of appeal - appeal allowed - necessary to re-sentence on other counts - cumulation and concurrence. Crimes Act 1900 LEGISLATION CITED : Justices Act 1902 Crimes (Amendment) Act 1984 Stringer [2000] NSWCCA 213 Page (CCA, unreported 25 November 1991) Kailis [1999] WASCA 29 CASES CITED: Thomson & Houlton (2000] NSWCCA 309 Holyoak (1995) 82 A. Crim. R.502 Yates (1985) VR 43 Pearce (1998) 72 ALJR 146 DECISION : Conviction on count four - allow the extension of time to appeal; allow the appeal; quash the conviction and sentence and direct an acquittal; Grant leave to appeal against sentence and allow the appeal to the extent that the sentence on count three should be directed to be cumulative upon the sentence passed on count five. That sentence should be expressed as a sentence of five years imprisonment with a non-parole period of three years to commence on 13 May 2000 with a non-parole period to expire on 12 May 2003.