R v Croaker [2004] NSWCCA 470

New South Wales Court of Criminal Appeal

CITATION : R v Croaker [2004] NSWCCA 470 HEARING DATE(S) : 14 December 2004 JUDGMENT DATE : 14 December 2004

JUDGMENT OF : Wood CJ at CL at 1, 38, 40; Simpson J at 2; Barr J at 39 DECISION : (1) Crown appeal allowed; (2) Sentences set aside; (3) Respondent re-sentenced as follows: In relation to the first count, to imprisonment with a non-parole period of eighteen months commencing today, 14 December 2004, and the balance of term of six months expiring on 13 December 2006; pursuant to s12 of the Crimes (Sentencing Procedure) Act 1999, the whole of the sentence suspended on the respondent entering into a bond (to be entered within seven days at Moree) conditioned to be of good behaviour and to accept the supervision of the Probation and Parole Service; on the second count, the respondent sentenced to imprisonment for a fixed term of six months, to date from today, 14 December 2004; that sentence suspended pursuant to s12 of the Crimes (Sentencing Procedure) Act 1999 on the same terms and conditions as the sentence in relation to count one.

CATCHWORDS : Crown appeal - whether sentences were manifestly inadequate - pleas of guilty - maliciously inflict grievous bodily harm - malicious damage to property - subjective features - suspension of sentences - consideration of aggravating features - evidence of rehabilitation LEGISLATION CITED : Crimes Act 1900 s34(1)(b), s195(a) Crimes (Sentencing Procedure) Act 1999 Part 4, Division 1A, s12, s21A(2)(d), s44 Abdullah v DPP [2004] NSWSC, unreported, 11 October 2004 CASES CITED : Griffiths v The Queen [1977] HCA 44; 137 CLR 293 R v Fernando (1992) A Crim R 58 R v Tolley [2004] NSWCCA 165 PARTIES : Crown - Applicant Kristy Lee Croaker - Respondent FILE NUMBER(S) : CCA 2004/2448 COUNSEL : Dr P Power SC - Crown A Haisler SC/ W Laing - Respondent SOLICITORS : S Kavanagh - Crown Sydney Regional Aboriginal Corporation Legal Service - Respondent