REGINA v CLARK [2003] NSWCCA 288

New South Wales Court of Criminal Appeal

CITATION : REGINA v CLARK [2003] NSWCCA 288 HEARING DATE(S) : 6 August 2003 JUDGMENT DATE : 6 August 2003

JUDGMENT OF : Wood CJ at CL at 20; Simpson J at 21; Adams J at 1 DECISION : Leave to appeal granted; Appeal upheld; Sentence quashed; In lieu thereof a sentence of eighteen months' imprisonment be imposed, suspended upn the condition that the offender enters into a good behaviour bond for a term not exceeding eighteen months, the sentence to commence on 8 February 2003.

LEGISLATION CITED : s52A(3)(c) Crimes Act 1900 R v Macintyre (1988) 38 A Crim R 135 CASES CITED : R v Jurisic (1998) NSWSC 423 R v Swift unreported NSWCCA 11 April 1991 R v Whyte (2002) 55 NSWLR 252 Regina (Respondent) PARTIES : Jon Joseph Clark (Applicant) FILE NUMBER(S) : CCA 60144/03 COUNSEL : G Walsh (Solicitor) - Applicant M Grogan - Respondent SOLICITORS : G Walsh - Applicant S E O'Connor - Respondent

LOWER COURT District Court JURISDICTION : LOWER COURT 02/11/1141 FILE NUMBER(S) : LOWER COURT Christie J QC JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL

60144/03

WOOD CJ at CL SIMPSON J ADAMS J WEDNESDAY 6 AUGUST 2003 REGINA v JON JOSEPH CLARK JUDGMENT

1 ADAMS J: This applicant pleaded guilty to an offence under s52A(3)(c) of the Crimes Act 1900 and, on 30 January 2003, was sentenced in the District Court to a fixed term of imprisonment of two years, to be served by way of periodic detention. No non-parole period was specified. 2 The applicant seeks leave to appeal from this sentence on three grounds. (1) The learned sentencing judge erred in failing to specify a non-parole period; (2) The learned sentencing judge erred by failing to consider an appropriate starting point for the assessment of the sentence to be imposed before allowing a discount in respect of the applicant's plea of guilty; and (3) The sentence imposed was manifestly excessive.