Regina v Crowley [2004] NSWCCA 256

New South Wales Court of Criminal Appeal

CITATION : Regina v Crowley [2004] NSWCCA 256 HEARING DATE(S) : 20 July 2004 JUDGMENT DATE : 30 July 2004

JUDGMENT OF : Wood CJ at CL at 1; Hidden J at 2; Smart AJ at 3 DECISION : See para 58

CATCHWORDS : Sentencing - Need for counsel to check agreed facts carefully - need for differences between agreed facts and other materials to be resolved adequately - avoidance of complaints of procedural unfairness - Sentences for assault occasioning actual bodily harm manifestly inadequate but sound reasons for Court exercising discretion not to intervene. LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 Bugmy v The Queen (1990) 169 CLR 525 CASES CITED : Deakin v The Queen 1984 58 ALJR 367 Power v The Queen (1974) 131 CLR 623 PARTIES : Regina v Kim Peter Crowley FILE NUMBER(S) : CCA 60172/04 COUNSEL : (C) B Knox SC (R) R J Button SOLICITORS : (C) S Kavanagh (R) S E O'Connor

LOWER COURT District Court JURISDICTION : LOWER COURT 03/31/0367 FILE NUMBER(S) : LOWER COURT Nicholson DCJ JUDICIAL OFFICER :

THE COURT OF CRIMINAL APPEAL 60172/04 WOOD CJ at CL HIDDEN J SMART AJ Friday, 30 July 2004 Regina v Kim Peter CROWLEY Judgment 1. WOOD CJ at CL: I have read in draft form the judgment of Smart AJ. I agree with the orders proposed, and with the reasons of Smart AJ.

2. HIDDEN J: I agree with Smart AJ. Although it was entirely appropriate for Nicholson DCJ to have fashioned a sentencing order with an emphasis upon fostering the respondent's rehabilitation, I also am persuaded that the sentences on the assault charges are inadequate to mark their criminality. However, for the reasons identified by Smart AJ, this Court should exercise its discretion not to intervene.