R v Byrne [2005] NSWCCA 141

New South Wales Court of Criminal Appeal

CITATION: R v Byrne [2005] NSWCCA 141

HEARING DATE(S): 14/04/2005

JUDGMENT DATE: 14 April 2005

JUDGMENT OF: Wood CJ at CL at 1; Grove J at 35; Hoeben J at 2

DECISION: Leave to appeal granted; appeal dismissed.

CATCHWORDS: Appeal against sentence - was start point too high in multiple sentences partially concurrent and partially cumulative - did sentencing judge make error of fact.

LEGISLATION CITED: Crimes Act 1900

CASES CITED: Pearce v The Queen (1998) 194 CLR 610

Darren Brett Byrne - Applicant PARTIES: Crown - Respondent

FILE NUMBER(S): CCA 2005/222

R J Button - Applicant COUNSEL: G Rowling - Crown

SE O'Connor - Solicitor for Legal Aid SOLICITORS: S Kavanagh - Solicitor for Public Prosecutions

LOWER COURT JURISDICTION: District Court

04/11/0695 LOWER COURT FILE NUMBER(S): 04/11/0224

LOWER COURT JUDICIAL OFFICER: Hock DCJ

IN THE COURT OF CRIMINAL APPEAL 2005/222

WOOD CJ at CL GROVE J HOEBEN J

Thursday, 14 April, 2005 REGINA v Darren Brett BYRNE Judgment 1 WOOD CJ at CL: I will ask Hoeben J to deliver the first judgment: 2 HOEBEN J: Offences and sentence On 23 July 2004 the applicant was sentenced as follows by Hock DCJ. The offences are set out in chronological order rather than as presented to the court.

(i) 18 April 2003 – break enter and steal contrary to s111(1) of the Crimes Act 1900 – maximum penalty 14 years imprisonment. To include two break enter and steal offences on Form 1. Sentenced to fixed term of imprisonment of 18 months to commence on 9 October 2003 and to expire on 8 April 2005.