R v Walter & Thompson [2004] NSWCCA 304

New South Wales Court of Criminal Appeal

CITATION : R v Walter & Thompson [2004] NSWCCA 304 HEARING DATE(S) : 27/08/04 JUDGMENT DATE : 3 September 2004

JUDGMENT OF : Grove J; Sully J; Kirby J DECISION : D J WALTER; (1) Crown appeal allowed; (2) Sentence imposed in the District Court quashed; (3) In lieu thereof the respondent sentenced to imprisonment for 4 years to commence on 4 March 2004. The Court specified a non parole period of 12 months commencing on 4 March 2004 and expiring on 3 March 2005; (4) The first date of eligibility for parole was specified as 3 March 2005; M A M THOMPSON; (1) Crown appeal allowed; (2) Sentence imposed in the District Court quashed; (3) In lieu thereof the respondent sentenced to imprisonment for 3 years to date from 13 March 2004. The Court specified a non parole period of 9 months commencing on 13 March 2004 and expiring on 12 December 2004; (4) The respondent to be released to parole on that date; (5) The Court noted that in setting the non parole period, it was conscious that during the span of time specified the respondent, Mr Thompson, has served some periods of periodic detention and has been at liberty during other periods; (6) The respondent, Mr Thompson, should surrender to custody forthwith.

CATCHWORDS : CRIMINAL PRACTICE & PROCEDURE - Crown appeals - sentence for robbery in circumstances of aggravation - whether manifestly inadequate - discretion not to intervene - delay in sentencing and on appeal. LEGISLATION CITED : Crimes Act 1900 Fernando (1992) 76 A Crim R 58 R v Henry (1999) 46 NSWLR 346 R v Newman & Simpson [2004] NSWCCA 102 CASES CITED : Bugmy v The Queen (1990) 169 CLR 525 Power v The Queen (1974) 131 CLR 623 R v Morrissey (CCA, unreported, 15.7.94) R v Hernando (2002) 136 A Crim R 451 Dinsdale v The Queen (2000) 202 CLR 321 Regina (Appl) PARTIES : David John Walter (Resp) Michael Allan Matthew Thompson (Resp)