R v Stephen [2003] NSWCCA 377

New South Wales Court of Criminal Appeal

CITATION : R v Stephen [2003] NSWCCA 377 HEARING DATE(S) : Monday 1 December 2003 JUDGMENT DATE : 1 December 2003

JUDGMENT OF : Wood CJ at CL at 1, 35; Smart AJ at 34 DECISION : 1. Grant leave to appeal; 2. Appeal allowed and sentence imposed in the District Court quashed; 3. In lieu thereof the applicant be sentenced in relation to the count of receiving, taking into account the Form 1 offence, to imprisonment for three years to commence on 18 February 2003 and to expire on 17 February 2006, to be served by way of periodic detention; 4. Specify a non-parole period of two years three months to commence on 18 February 2003 and to expire on 17 May 2005, and direct the applicant's release on parole at the expiration of the non-parole period; 5. Applicant to continue to report for periodic detention as presently required, that is after he completes the current sentences which require him to be held in full-time custody until 20 January 2004.

CATCHWORDS : CRIMINAL LAW - appeal against severity of sentence - plea of guilty to receiving - possession of cannabis taken into account on a Form 1 - whether sentencing judge erred in not setting a non-parole period. LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 - s 44, 45 Criminal Appeal Act 1912 - s 6(3) Lowe v The Queen (1984) 154 CLR 606 Postiglione v The Queen (1997)189 CLR 295 R v Hanslow [2002] NSWCCA 161 CASES CITED : R v Eagleton [2003] NSWCCA 40 R v Karnib [2003] NSWCCA 271 R v Parsons and Poore [2002] NSWCCA 296 R v Schodle [2003] NSWCCA 164 R v Wegener [1999] NSWCCA 405 PARTIES : Regina Peter Alexander Stephen FILE NUMBER(S) : CCA 60360/03 COUNSEL : F Guy (Crown) R Hulme SC SOLICITORS : C. K. Smith (Crown) S. E. O'Connor