REGINA v ARNOLD [2004] NSWCCA 294

New South Wales Court of Criminal Appeal

CITATION : REGINA v ARNOLD [2004] NSWCCA 294 HEARING DATE(S) : 14 July 2004 JUDGMENT DATE : 30 August 2004

JUDGMENT OF : Wood CJ at CL at 1; Adams J at 2; Kirby J at 77 DECISION : Counts 7 to 10: On each count, imprisonment for a term of 6 years to commence on 23 February 2003 and conclude on 22 February 2009; Counts 11 to 17: On each count, imprisonment for 7 years to commence on 23 February 2004 and conclude on 22 February 2011; Count 18: Imprisonment for 6 years to commence on 23 February 2005 and conclude on 22 February 2011; Count 19: Imprisonment for 3 years and 9 months to commence on 23 February 2008 and conclude on 22 November 2011; Count 24: Imprisonment for 9 years to commence on 23 February 2009 and conclude on 22 February 2018. Non-parole period of 1 year to commence on 23 February 2011 and expire on 22 February 2012; Count 21: Imprisonment for 7 years to commence on 23 February 2011 and to conclude on 22 February 2018 Non-parole period of 1 year to commence 23 February 2011 and conclude on 22 February 2012; Counts 1 to 6 and 20, 22 and 23: The sentences on these counts are confirmed; Overall sentence commences on 23 February 2003 and expires on 22 February 2018 (rather than 22 February 2023) Eligible to be released on parole on 22 February 2012 (rather than 22 February 2015).

CATCHWORDS : Sentence appeal - series of serious offences - history of mental disturbance - effect on sentence - effect of accumulation on utilitarian discount - need to adjust overall sentence to demonstrate discount LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 s44 Criminal Appeal Act 1912 s6(3) R v George [2004] NSWCCA 247 CASES CITED : R v Hemsley [2004] NSWCCA 228 R v Henry (1999) 46 NSWLR 346 R v Thomson & Houlton (2000) 49 NSWLR 383 Regina PARTIES : v Bradley Scott ARNOLD (Applicant) FILE NUMBER(S) : CCA 60157/04 COUNSEL : P Power SC (Crown) R J Button (Applicant) SOLICITORS : S O'Connor (Crown) S Kavanagh (Applicant)