REGINA v GAMGEE [2001] NSWCCA 251

Reported Decision : 51 NSWLR 707 124 A Crim R 469

New South Wales Court of Criminal Appeal

CITATION : REGINA v GAMGEE [2001] NSWCCA 251 FILE NUMBER(S) : CCA 60111/01 HEARING DATE(S) : 3 May 2001 JUDGMENT DATE : 5 July 2001

PARTIES : REGINA v Jay Michael GAMGEE JUDGMENT OF : Mason P at 1; Sully J at 23; Dowd J at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/21/0079 LOWER COURT JUDICIAL Phegan DCJ OFFICER :

COUNSEL : Crown: P G Berman SC Respondent: P J Stratton SOLICITORS : Crown: O'Connor Respondent: - CATCHWORDS : s12 Crimes (Sentencing Procedure) Act 1999 - whether sentence contrary to law - whether execution of a sentence may be partially suspended - whether only power to impose term of effective imprisonment followed by non-custodial period is setting of non-parole period in accordance with s44. DECISION : (By majority) Appeal dismissed.

IN THE COURT OF CRIMINAL APPEAL CCA 60111/01 MASON P SULLY J DOWD J

Thusday 5 July 2001

REGINA v Jay Michael GAMGEE

Held by Mason P and Dowd J, Sully J dissenting: 1. Section 12(1)(a) of the Crimes (Sentencing Procedure) Act 1999 expressly contemplates that execution of a sentence may be suspended for any specified period that does not exceed the term of the sentence imposed. There is no reason why these words should be restricted to exclude the power to suspend part of the sentence.

2. The preferred interpretation allows appropriate denunciation of a serious offence, but with partial suspension of an initial portion of the term of imprisonment to enable some event to take place or, (as in the instant case) the conditional partial suspension at the latter end of the term imposed.