REGINA v. PELL [2004] NSWCCA 205

New South Wales Court of Criminal Appeal

CITATION : REGINA v. PELL [2004] NSWCCA 205 HEARING DATE(S) : 08/04/2004 JUDGMENT DATE : 8 April 2004

JUDGMENT OF : Beazley JA; Dowd J; Greg James J DECISION : 1. Grant leave to appeal; 2. Appeal allowed; 3. Quash the sentences imposed by the trial judge; 4. Re-sentence the appellant as follows: in respect of count one impose a term of imprisonment of two years to commence on 9 May 2003 and end on 8 May 2005; 5. In respect of count three impose a term of imprisonment of two years three months commencing on 9 May 2003 and ending on 8 August 2005; 6. In respect of count two impose a term of imprisonment of three years commencing on 9 November 2003 and ending on 8 November 2006; 7. In respect of count two the court imposes a non-parole period of one year nine months commencing on 9 November 2003 and ending on 8 August 2005; 8. The court directs, in accordance with s.50(1) of the Crimes (Sentencing Procedure) Act (NSW) 1999 that the appellant be released to parole on that day; 9. The court declines to impose a non-parole period in respect of counts one and three because of the effect of the sentence imposed for count two

CATCHWORDS : SENTENCING - Sentence excessive - Special circumstances - s.44 of Crimes (Sentencing Procedure) Act (NSW)1999 - Multiple offences - Individual sentences should appropriately reflect the criminality of each offence - Where an error in sentencing is identified the Court of Appeal must re-sentence - Re-sentencing will not necessarily involve a reduction in original sentence - Where an increase in original sentences is proposed, the appellant must be given time to decide whether to or not to proceed with his/her appeal. LEGISLATION CITED : Crimes (Sentencing Procedure) Act (NSW) 1999 CASES CITED : Pearce v The Queen (1998) 194 CLR 610 PARTIES : REGINA v. PELL FILE NUMBER(S) : CCA 6050/03 COUNSEL : P. Boulton SC (Appellant) P. Ingram (Respondent) SOLICITORS : T. Heenan (Appellant) S. Kavanagh (Respondent)