R v Sam Hill [2004] NSWCCA 257

New South Wales Court of Criminal Appeal

CITATION : R v Sam Hill [2004] NSWCCA 257 HEARING DATE(S) : 30/07/04 JUDGMENT DATE : 30 July 2004

JUDGMENT OF : Spigelman CJ at 32; Hidden J at 33; Buddin J at 1 DECISION : Leave to appeal against sentence granted. Appeal allowed (in part). In respect of count 1, the appeal is dismissed but the head sentence and non-parole period will each now commence on 13 March 2003. The head sentence will expire on 12 November 2005 and the non-parole period will expire on 12 March 2005. In respect of count 2 the appeal against the head sentence is dismissed. The appeal against the non-parole period is allowed. A non-parole period of 2 years is substituted. The head sentence and the non-parole period in respect of count 2 will each now commence on 13 March 2005. The head sentence will expire on 12 July 2008 and the non-parole period will expire on 12 March 2007.

CATCHWORDS : Sentencing - offences of obtain benefit by deception - "special circumstances" - principle of totality. LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 Cameron v The Queen (2002) 209 CLR 339 Pearce v The Queen (1998) 194 CLR 610 Attorney General's Application Under s 37 of the Crimes (Sentencing Procedure) Act 1999 (No 1 of 2002) (2002) 56 NSWLR 146. R v Fidow [2004] NSWCCA 172 CASES CITED : R v Johnson (2004) 205 ALR 346 R v McKechnie NSWCCA, unreported 1 October 1987 R v Mears NSWCCA, unreported 14 March 1991 R v Simpson (2001) 53 NSWLR 704 R v Weldon and Carberry (2002) 136 A Crim R 55 PARTIES : Regina (Respondent) Sam Hill (Applicant) FILE NUMBER(S) : CCA 60135/04 COUNSEL : P Power SC (Respondent) S Kluss (Applicant) SOLICITORS : S Kavanagh (Respondent) R Hill (Applicant)