Regina v Crawley [2003] NSWCCA 149

New South Wales Court of Criminal Appeal

CITATION : Regina v Crawley [2003] NSWCCA 149 HEARING DATE(S) : 26 May 2003 JUDGMENT DATE : 26 May 2003

JUDGMENT OF : James J at 1; Smart AJ at 2 DECISION : (1) Leave to appeal against sentence granted (2) Appeal allowed. Sentence quashed (3) In lieu of the sentence imposed the applicant is sentenced to imprisonment for 8 years 9 months commencing on 7 July 2001 with a non-parole period of 5 years 9 months, expiring on 6 April 2007, on which day the applicant will become eligible for release on parole.

CATCHWORDS : Very bad instance of detain for advantage - lack of due proportionality of sentences imposed upon principal co-offenders LEGISLATION CITED : Children (Criminal Proceedings) Act 1987 CASES CITED : Postiglione v The Queen 1997 189 CLR 295 R v Steele NSWCCA 17 April 1997 PARTIES : Regina v Daryl Edward Crawley FILE NUMBER(S) : CCA 60101/03 COUNSEL : (A) R Burgess (C) D Howard SOLICITORS : (A) D J Humphries (C) S E O'Connor

LOWER COURT District Court JURISDICTION : LOWER COURT 01/11/1245 FILE NUMBER(S) : LOWER COURT Hock DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL

060101/03 JAMES J SMART AJ

Monday, 26 May 2003 REGINA v DARYL EDWARD CRAWLEY

JUDGMENT 1. JAMES J: The Court is in a position to give a decision. I will call upon Smart AJ to give the first judgment.

2. SMART AJ: Daryl Edward Crawley seeks leave to appeal against the asserted severity of a sentence of ten years' imprisonment with a non-parole period of six and a half years for the offence of detain for advantage. It was a particularly bad instance of this offence. The offence under the now repealed s.90A of the Crimes Act 1900 carries a maximum penalty of 20 years imprisonment.