R v Dickson [2002] NSWCCA 327

Reported Decision : (2002) 132 A Crim R 137

New South Wales Court of Criminal Appeal

CITATION : R v Dickson [2002] NSWCCA 327 revised - 25/09/2002 FILE NUMBER(S) : CCA 60259 of 2002 HEARING DATE(S) : 05/08/02 JUDGMENT DATE : 5 August 2002

Regina PARTIES : v Brett Neville Dickson JUDGMENT OF : Meagher JA at 1, 27, 29; Simpson J at 25; Howie J at 28

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/21/3408 LOWER COURT JUDICIAL Goldring DCJ OFFICER :

COUNSEL : Appellant: W Dawe QC Respondent: C Craigie SC & Ms C Loukas SOLICITORS : Appellant: S E O'Connor Respondent: N/A CATCHWORDS : Aggravated robbery occasioning grievous bodily harm - escape lawful custody - whether trial judge failed to comply with the provisions of s 57 Crimes (Sentencing Procedure) Act 1999 - Pearce v The King - appeal allowed. Criminal Appeal Act 1912 LEGISLATION CITED : Justices Act Crimes (Sentencing Procedure) Act 1999 Crimes Act CASES CITED: Pearce v The King (1998) 194 CLR at 610 DECISION : 1. Appeal Allowed; 2. Sentence quashed; 3. That Mr Dickson be sentenced to twelve months from 18 October 2001 and a fixed term to expire on 17 October 2002 upon the offence of escape; 4. That Mr Dickson be sentenced to five years imprisonment from 10 October 2002 with a non-parole period of four years and nine months to commence on 18 October 2002 and to expire on 17 July 2007, the date upon which the respondent is eligible to be released to parole. That sentence of five years is in respect of the more serious of the two assault charges; 5. On the remaining assault charge, Mr Dickson is sentenced to four years imprisonment from 18 October 2005, with a non-parole period to expire on 17 July 2007, the date upon which he is to be released to parole; 6. In respect of the four year sentence the Court has taken into account the matter upon the Form 1; 7. The aggregate of those various sentences is that Mr Dickson is charged with eight years imprisonment and a non parole period of five years and nine months.