Connor v R [2005] NSWCCA 431

Reported Decision : 158 A Crim R

New South Wales Court of Criminal Appeal

CITATION: Connor v R [2005] NSWCCA 431

HEARING DATE(S): 8 December 2005

JUDGMENT DATE: 14 December 2005

JUDGMENT OF: McClellan CJ at CL at 1; Studdert J at 2; James J at 49

DECISION: 1. Leave to appeal granted. 2. Appeal allowed. 3. The sentences imposed in respect of counts 2, 3, 4 and 5 confirmed. 4. The sentence imposed in respect of count 6 quashed. 5. In lieu thereof, the applicant is sentenced to a non parole period of three years commencing on 20 November 2003 and to expire on 19 November 2006, and a balance of term of one year commencing on 20 November 2006 and to expire on 19 November 2007, and the applicant is eligible for release on parole on 19 November 2006. 6. The direction made in the case of the applicant pursuant to s77B of the Victims' Support and Rehabilitation Act 1996 be varied by adding the words: "The liability under this direction is to be reduced by the amount of any payment made by Stephen Martin Andrews pursuant to the direction made against him on 20 May 2004 to the extent that such payment covers the same loss for which provision is made under this direction."

CATCHWORDS: CRIMINAL LAW - sentencing - whether justifiable sense of grievance after co-offender resentenced on appeal. CRIMINAL LAW - compensation direction - co-offenders - principles applicable - Victims' Support and Rehabilitation Act 1996.

Crimes Act, s 112 Criminal Appeal Act, s 9 LEGISLATION CITED: Law Reform (Miscellaneous Provisions) Act, s 5 Victims' Support and Rehabilitation Act, ss 77B, 77D, 77F, 77G

Re Attorney General's Application (No. 1) under s26 of the Criminal Procedure Act; R v Ponfield & Ors (1999) 48 NSWLR 327 R v Andrews [2005] NSWCCA 199 CASES CITED: R v Roby [2003] NSWCCA 242 R v Van Hoang (2002) 135 A Crim R 244