R v Howard [2001] NSWCCA 309

New South Wales Court of Criminal Appeal

CITATION : R v Howard [2001] NSWCCA 309 FILE NUMBER(S) : CCA 60744/00 HEARING DATE(S) : 23 August 2001 JUDGMENT DATE : 23 August 2001

PARTIES : Regina Peter Andrew Howard JUDGMENT OF : Beazley JA at 27; Wood CJ at CL at 1; Sperling J at 28

LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL Studdert J OFFICER :

COUNSEL : P R Boulton (A) W G Dawe QC SOLICITORS : DJ Humphres S E O'Connor CATCHWORDS : CRIMINAL LAW - appeals - appeal against sentence – manslaughter – death of child victim caused by shaking - whether 10% discount for plea of guilty outside appropriate range – whether insufficient allowance for periods spent in protective and strict custody – whether failure to take into account pre-sentence custody – error in not taking into account pre-sentence custody – sentence backdated accordingly LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 ss 44(2), 47(2),(3) Criminal Appeal Act 1912 s 6(3) DECISION : Leave to appeal granted; Sentence quashed; Sentenced in substitution for the original sentence to imprisonment for seven and a half years to date from 7 July 1999. A non parole period is set of 5 years 6 months from 7 July 1999 to expire on 6 January 2005. Earliest date on which eligible to be released on parole is 7 January 2005.

IN THE COURT OF CRIMINAL APPEAL

60744/00

BEAZLEY JA WOOD CJ AT CL SPERLING J THURSDAY 23 AUGUST 2001

Regina v Peter Andrew HOWARD

JUDGMENT

1 WOOD CJ AT CL: The applicant seeks leave to appeal against a sentence of seven and a half years, with a non parole period of five and a half years, imposed by Studdert J, following a plea of guilty to manslaughter. That sentence was imposed on 31 August 2000, and was backdated to commence from 22 August 1999, that being the date upon which the applicant was arrested, pursuant to a warrant, following breach of his bail conditions.