R v HAYES [2004] NSWCCA 156

New South Wales Court of Criminal Appeal

CITATION : R v HAYES [2004] NSWCCA 156 HEARING DATE(S) : 10 May 2004 JUDGMENT DATE : 19 May 2004

JUDGMENT OF : Hodgson JA at 1; Levine J at 2; Hidden J at 33 DECISION : Leave to appeal granted, appeal dismissed.

CATCHWORDS : Criminal law - severity appeal - separate sentences for separate offences ordered to be served consecutively - totality Johnson v The Queen [2004] HCA 15 CASES CITED : Mill v The Queen (1998) 166 CLR 59 Pearce v The Queen (1998) 194 CLR 610 REGINA (Respondent)

PARTIES : v

ROBERT JOHN HAYES (Applicant) FILE NUMBER(S) : CCA 60050/04 R Hulme SC (Applicant) COUNSEL : G I O Rowling (Respondent) R Mathur (Applicant) SOLICITORS : S Kavanagh (Respondent)

LOWER COURT District Court JURISDICTION : LOWER COURT 03/11/0510; 03/11/0101 FILE NUMBER(S) : LOWER COURT Solomon DCJ JUDICIAL OFFICER :

- 1 - IN THE COURT OF CRIMINAL APPEAL 60050 of 2004

HODGSON JA LEVINE J HIDDEN J

19 May 2004 REGINA v ROBERT JOHN HAYES Judgment 1 HODGSON J: I agree with Levine J. 2 LEVINE J: The applicant seeks leave to appeal against the severity of sentences imposed upon him on 19 September 2003 by his Honour Judge Solomon in the Sydney District Court. 3 On that date the applicant was sentenced for three offences. The total sentence amounted to 12 years imprisonment with an effective non-parole period of 9 years and 3 months. 4 It was made clear in written and oral submissions that the application for leave to appeal was confined to the contention that his Honour's order that each of the three sentences be served consecutively resulted in a total sentence which is manifestly excessive.