Regina v Guy Pierce Gardener [2003] NSWCCA 2

New South Wales Court of Criminal Appeal

CITATION : Regina v Guy Pierce Gardener [2003] NSWCCA 2 HEARING DATE(S) : 4/12/02 JUDGMENT DATE : 11 April 2003

JUDGMENT OF : Ipp JA at 1; Hulme J at 2; Bell J at 15 DECISION : Appeals allowed; Sentences imposed in the District Court quashed and, in lieu thereof, sentence the respondent; (i) on count 1 - to a term of eight years and six months imprisonment to date from 5 March 2002. That sentence will expire on 4 September 2010. Specify a non-parole period of five years and six months. Save for the sentences to be imposed on counts 2 and 3, the first date on which the respondent would be eligible for consideration of release on parole would be 4 September 2007; (ii) On count 2 - to a term of six years and nine months imprisonment to date from 5 March 2004. That sentence will expire on 4 December 2010. Specify a non-parole period of four years. Save for the sentence to be imposed with respect to count 3, the first date upon which the respondent would be eligible for release to parole is 4 March 2008; (iii) On count 3 - to a term of six years and nine months imprisonment to date from 5 September 2004. That sentence will expire on 4 June 2011. Specify a non-parole period of four years and dating from 5 September 2004. The first date upon which the respondent will be eligible for consideration for release to parole is 4 September 2008

Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED : Crimes Act 1900 Criminal Appeal Act 1912 Everett v The Queen (1994) 68 ALJR 875 Smith v The Queen [2001] HCA 50 R v Baker [2000] NSWCCA 85 R v Bragias (1997) 92 A Crim R 330 R v Engert (1995) 84 A Crim R 67 CASES CITED : R v Diamond (unreported NSWCCA, 18 February 1993 Regina v Guthrie [2002] NSWCCA 77 R v Henry [1999] NSWCCA 111 R v Letteri (unreported) NSWCCA, 18 March 1992 R v Scognamiglio (1991) 56 A Crim R 81 Veen (No.2) v The Queen (1988) 164 CLR 465 PARTIES : Regina Guy Pierce GARDENER (Respondent) FILE NUMBER(S) : CCA 60441/02 COUNSEL : DC Frearson (Crown) GF Jauncey (Respondent) SOLICITORS : SE O'Connor Macquarie Lawyers (Respondent)