NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : R v Tolley [2004] NSWCCA 165 revised - 07/02/2006 HEARING DATE(S) : 12/05/2004 JUDGMENT DATE : 26 May 2004
JUDGMENT OF : Hodgson JA at 1; Levine J at 3; Howie J at 4 DECISION : The appeal is allowed and the sentence imposed by Judge O'Reilly is quashed. The respondent is sentenced to a term of imprisonment made up of a non-parole period of one year to date from 13 August 2003 and expiring on 12 August 2004 the date upon which he is to be released to parole. The conditions of his parole are to include a condition that he places himself under the supervision of the Probation and Parole Service. The balance of the term is to be one year to date from 13 August 2004 and to expire on 12 August 2005.
CATCHWORDS : Criminal Law and Procedure - Sentencing - Crown Appeal - suspended sentence - manifestly inadequate - trial judge erred in failing to take into account seriousness of firearms offences and in having regard to parity with co-offender on Form 1 matter - discussion as to the effects of revocation of bond under s 12. Crimes Act 1900 - s 350 Crimes (Sentencing Procedure) Act 1999 - ss 12, 21A, 37, 44, 45, 46, 47, 49, 50 Sentencing Act - s 99 LEGISLATION CITED : Criminal Appeal Act 1912 - s 5D Drug Misuse and Trafficking Act 1985 - s 24(1) Criminal Procedure Act 1986 - Table 1 Firearms Act 1996 - ss 3, 36(1) R v Brady (1998) ABCA 7 R v Finnie (No.2) [2004] NSWCCA 150 R v Hunt [2002] NSWCCA 266 R v Gamgee (2001) 51 NSWLR 707 CASES CITED : R v Turkmani [2002] NSWCCA 388 R v Haydon (NSWCCA, unreported, 11 November 1990) R v Cromarty [2004] NSWCCA 54 R v Thurgar (1999) 51 A Crim R 109 Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (No. 1 of 2002) (2002) 56 NSWLR 146 R v Hodges (NSWCCA, unreported, 20 August 1997) PARTIES : Regina v Stuart William Tolley FILE NUMBER(S) : CCA 60536/03 COUNSEL : D. Arnott - Crown R.K.M. Rasmussen with D. Rayment - Respondent SOLICITORS : S, Kavanagh - Crown S. O'Connor - Respondent
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