Regina v Smallbon [2002] NSWCCA 37

New South Wales Court of Criminal Appeal

CITATION : Regina v Smallbon [2002] NSWCCA 37 FILE NUMBER(S) : CCA 60772/1999 HEARING DATE(S) : 13/02/02 JUDGMENT DATE : 14 March 2002

PARTIES : Regina Jonathan Andrew Smallbon JUDGMENT OF : Hidden J at 1; Buddin J at 22

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/21/2195; 98/21/2196; 98/21/2194 LOWER COURT JUDICIAL O'Reilly DCJ OFFICER :

COUNSEL : Mr PJP Power - Crown Mr H Dhanji - Applicant SOLICITORS : SE O'Connor - Crown DJ Humphreys - Applicant CATCHWORDS : CRIMINAL LAW: Application for leave to appeal against sentence: charges of kidnapping and related charges of sexual assault arising from the abduction of two young men: effective total sentence (Sentencing Act 1989) of 8 years (mt 5 years). Sentencing Act 1989 LEGISLATION CITED : Crimes Act 1900 Crimes (Sentencing Procedure) Act, 1999 R v Engert (1995) 84 A Crim R 67 CASES CITED: R v Pyrda [2001] NSW CCA 230 R v Simpson [2001] NSW CCA 534 DECISION : See paragraph 21.

IN THE COURT OF CRIMINAL APPEAL 60772/1999 HIDDEN J BUDDIN J Thursday, 14 March, 2002 REGINA v Jonathan Andrew SMALLBON

JUDGMENT 1 HIDDEN J: The applicant, Jonathan Andrew Smallbon, pleaded guilty in the District Court to an indictment containing eleven counts, the charges arising from two separate incidents. The matter was dealt with in 1999, when the Sentencing Act, 1989 was still in force. Each incident gave rise to a charge of kidnapping (s 90A of the Crimes Act), and on each of those charges the learned sentencing judge sentenced the applicant to concurrent terms of imprisonment for eight years, comprising a minimum term of five years and an additional term of three years. Those sentences were to date from the day on which he was arrested as a result of the second incident. On the other nine charges, he was sentenced to fixed terms of imprisonment, which were concurrent amongst themselves and wholly concurrent with the five year minimum term. Accordingly, the effective sentence for the applicant's crimes was imprisonment for eight years, with a minimum term of five years and an additional term of three years. He seeks leave to appeal against sentence.