Regina v S Griggs [1999] NSWCCA 398

New South Wales Court of Criminal Appeal CITATION : Regina v S Griggs [1999] NSWCCA 398 FILE NUMBER(S) : CCA 60743/99 HEARING DATE(S) : 7 December 1999 JUDGMENT DATE : 7 December 1999

PARTIES : Regina v Scott Griggs JUDGMENT OF : Sperling J at 2; Sully J at 7; Hulme J at 8

LOWER COURT JURISDICTION : Local Court LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL OFFICER :

COUNSEL : (Appellant): - (Crown): T L Buddin SC: SOLICITORS : (Appellant): T A Murphy: (Crown): S E O'Connor CATCHWORDS : (No question of principle involved) ACTS CITED : Crimes Act (1900), s 474(D) & (E) Criminal Appeal Act (1912), s 6 ss3 CASES CITED: Pearson (1999) 162 ALR 248 DECISION : Appeal allowed; Sentence imposed by the Hornsby Local Court on 24 March 1999 for breach of recognizance is quashed; Appellant sentenced to a fixed term of imprisonment of 10 months commencing on 9 February 1999 and expiring on 8 December 1999.

IN THE COURT OF CRIMINAL APPEAL 60743/99

SULLY J HULME J SPERLING J Tuesday 7 December 1999 REGINA v Scott GRIGGS JUDGMENT

1 SULLY J : The Court is in a position to deal with this matter at once. I will ask Justice Sperling to give the first judgment.

2 SPERLING J : The background and context of the present proceedings is provided in my judgment of 23 November 1999 in proceedings, Court of Criminal Appeal 60387 of 1999, and in the determination of the court on that occasion. 3 Relevantly, on 24 March 1999, the Local Court at Hornsby sentenced the appellant, Scott Griggs, to a fixed term of imprisonment of twelve months commencing on 9 February 1999 and expiring on 8 February 2000. I will refer to that sentence as "the sentence". 4 Following the decision of the Court of Criminal Appeal on 23 November 1999, to which I have referred, the appellant applied to the Supreme Court pursuant to section 474 (D) of the Crimes Act 1900 for an inquiry into the sentence. The application was allocated to Newman J who, on 1 December 1999, referred the matter to this Court pursuant section 474 (E), to be dealt with as an appeal. Sections 474 (D) and (E) apply to a conviction or sentence in the Local Court: Pearson (1999) 162 ALR 248. 5 In the circumstances delineated in my judgment of 23 November 1999 and having regard to the determination of the court that occasion, I am of the opinion, in terms of s 6(3) of the Criminal Appeal Act 1912 that a less severe sentence is warranted in law. 6 The sentence should be quashed and the appellant re-sentenced to a fixed term of imprisonment of 10 months, commencing on 9 February 1999 and expiring on 8 December 1999. 7 The Crown does not oppose this course. 8 I propose the following orders: (1) Appeal allowed. (2) Sentence imposed by the Hornsby Local Court, on 24 March 1999, for breach of recognizance, quashed. (3) Appellant sentenced to a fixed term of imprisonment of 10 months commencing on 9 February 1999 and expiring on 8 December 1999. 9 SULLY J : I entirely agree. 10 HULME J : I also agree. 11 SULLY J : The orders of the Court will be as proposed by Sperling J. **********