Regina v Hammond [2001] NSWCCA 34

Reported Decision : 121 A Crim R 1

New South Wales Court of Criminal Appeal

CITATION : Regina v Hammond [2001] NSWCCA 34 FILE NUMBER(S) : CCA 60590/2000 HEARING DATE(S) : 1 February 2001 JUDGMENT DATE : 1 February 2001

PARTIES : Crown Clinton James Hammond JUDGMENT OF : Giles JA at 1; Hulme J at 36; Bell J at 2

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/71/0071 LOWER COURT JUDICIAL Gibson DCJ OFFICER :

COUNSEL : E A Wilkins - Crown P Bodor QC - Respondent SOLICITORS : SE O'Connor - Crown Ross Hill & Associates - Respondent

Criminal Appeal Act 1912 LEGISLATION CITED : Crimes Act 1900 Criminal Procedure Act 1986 Crimes (Sentencing Procedure) Act 1999 CASES CITED: R v O'Brien (unreported) NSWCCA 10 June 1993 R v Bagnall and Russell (unreported) NSWCCA 10 June 1994 DECISION : Appeal allowed; sentence imposed by Gibson DCJ in respect of count 2 in indictment set aside. In lieu thereof, respondent sentenced to 5 years imprisonment to date from 16 May 1999 with a non-parole period of 2 years and 10 months. First date eligible for consideration for release on parole 15 March 2002.

IN THE COURT OF CRIMINAL APPEAL

60590/00

GILES JA HULME J BELL J

Thursday, 1 February, 2001

REGINA v Clinton James HAMMOND JUDGMENT 1 GILES JA: I will ask Bell J to deliver the first reasons. 2 BELL J: This is an appeal brought by the Director of Public Prosecutions pursuant to s 5DA of the Criminal Appeal Act 1912 against the sentence imposed upon the respondent by Judge Gibson at the Albury District Court on 13 August 1999.