R v Castles [2005] NSWCCA 79

Reported Decision : 152 A Crim R 277

New South Wales Court of Criminal Appeal

CITATION: R v Castles [2005] NSWCCA 79

HEARING DATE(S): 25 November 2004

JUDGMENT DATE: 14 March 2005

JUDGMENT OF: Santow JA at 1; Bell J at 40; Howie J at 41

DECISION: (1) Grant leave to appeal; ; (2) Allow the appeal and quash the sentence imposed in the District Court. In lieu thereof specify a non-parole period of one year and eight months to commence on 12 November 2003. The balance of the term of the sentence is twelve months. Direct the applicant's release on parole at the expiration of the non-parole period on 11 July 2005.

CATCHWORDS: SENTENCE - leave to appeal against the severity of the sentence - whether sentence imposed was manifestly excessive - whether Court should intervene to impose a lower sentence - whether there was error in the treatment of plea of guilty - whether there was error in the dealing with the principle of general deterrence - whether there should have been a finding of special circumstances - whether this Court should itself consider special circumstances - whether relatively low intelligence of applicant taken into account.

Crimes Act 1900 s112(1) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s21A, s33 Criminal Appeal Act 1912 s5(1)(c)

R v Crombie [1999] NSWCCA 297 R v Dorsett [2002] NSWCCA 326 R v Johnstone [2004] NSWCCA 307 R v Kay [2004] NSWCCA 130 R v Matthews [2004] NSWCCA 112 R v Ponfield (1999) 48 NSWLR 327 R v Proud [2002] NSWCCA 219 CASES CITED: R v Radic (2001) 122 A Crim R 70 Scognamiglio v R (1991) 56 A Crim R 81 R v Shaw [2001] NSWCCA 44 R v Simpson (2001) 53 NSWLR 704 at [86] R v Sutton [2004] NSWCCA 225 R v Tayfun, [2001] NSWCCA 417 R v Thomson (2000) 49 NSWLR 383 R v Wahabzadah [2001] NSWCCA 253