Regina v Henry [2004] NSWCCA 306

New South Wales Court of Criminal Appeal

CITATION : Regina v Henry [2004] NSWCCA 306 HEARING DATE(S) : 30 August 2004 JUDGMENT DATE : 30 August 2004

JUDGMENT OF : Grove J at 28, 30; Simpson J at 1; Shaw J at 29 DECISION : 1: count one: imprisonment for two years, commencing on 7 July 2003, with a non-parole period of twelve months, expiring on 6 July 2004; 1A: direct that the applicant be released on parole at the end of the non-parole period, that is on 6 July 2004; 2: count two (taking into account the Form 1 offences): imprisonment for three years, commencing on 7 July 2004, with a non-parole period of one and a half years, expiring on 6 January 2006; 2A: direct that the applicant be released on parole at the end of the non-parole period, that is on 6 January 2006.

CATCHWORDS : application for leave to appeal against severity of sentences - pleas of guilty - combination of two sets of offences and two sets of sentences - subjective circumstances - principle of totality - accumulation of sentences - special circumstances - delay in processing DNA evidence LEGISLATION CITED : Crimes Act 1900, s112(1) Crimes (Sentencing Procedure) Act 1999, Part 3 Division 3, s50(1), s44(3) R v Clark (1995) 78 A Crim R 226 CASES CITED : R v Clissold (Ian Raymond) [2002] NSWCCA 356, unreported, 19 August 2002 R v Mohamed Hakem Hajjo NSWCCA, unreported, 31 August 1992 R v Simpson NSW CCA, unreported, 18 June 1992 PARTIES : Crown - Respondent Russell James Henry - Applicant FILE NUMBER(S) : CCA 2004/1907 COUNSEL : LMP Lamprati SC - Crown M Austen - Applicant SOLICITORS : S Kavanagh - Crown Sydney Regional Aboriginal Legal Service - Applicant