Regina v Mills [2005] NSWCCA 175

Reported Decision : 154 A Crim R 40

New South Wales Court of Criminal Appeal

CITATION: Regina v Mills [2005] NSWCCA 175

HEARING DATE(S): 14 April 2005

JUDGMENT DATE: 6 May 2005

JUDGMENT OF: Wood CJ at CL at 1; Grove J at 81; Hoeben J at 82

DECISION: 1. Appeal allowed; 2.Sentences below quashed; 3.In lieu thereof substitute the following sentence; (a) Count 3: Imprisonment for a fixed term of 1 year to commence 6 May 2005; (b) Count 1: imprisonment for a fixed term of 1 year to commence 6 November 2005; (c) Count 2: Non-parole period of 2 years and 2 months commencing 6 November 2005 and expiring on 5 January 2008; with a balance of term of 2 years and 6 months commencing on 6 January 2008; 4.The earliest date of eligibility for parole is specified as 5 January 2008.

CATCHWORDS: Criminal Law - Crown appeal - 3 offences intentionally cause fire with recklessness as to the spread of the fire - plea of guilty - two offences of take and drive conveyance without consent on Form 1 - whether sentences manifestly inadequate - failure to give reasons for departure from standard non-parole period - whether sentencing Judge misapplied s 54B(2) Crimes (Sentencing Procedure) Act and failed to apply section 54B(3) - whether sentencing Judge failed to impose sentences adequately reflecting the objective seriousness of the offences - consideration of totality principles and determination that all sentences to be served concurrently - finding by sentencing Judge that the offences were impulsive acts.

Crimes Act 1900 - s 203E(1) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 - s 21, 21A(2), 22, 54A, 54B(2), 54B(3), Criminal Appeal Act 1912 - s 5D

Johnson v The Queen (2004) 78 ALJR, 616 Pearce v The Queen (1998) 194 CLR 610 R v Dodd (1991) 57 A Crim R 349 R v Dunn [2003] NSWCCA 169 R v Engert (1995) 84 A Crim R 67 R v Hallocoglu (1992) 29 NSWLR 67 R v Letteri NSWCCA 18 March 1992 R v Oliver (1980) 7 A Crim R 174 CASES CITED: R v Pont (2000) 121 A Crim R 302 R v Scognamiglio (1991) 56 A Crim R 81 R v Simpson SA Court of Criminal Appeal 27 November 1987 R v Slattery (1996) 90 A Crim R 519 R v Tuncbilek [2004] NSWCCA 139 R v Walker [2005] NSWCCA 109 R v Wall [2002] NSWCCA 42 R v Way [2004] 60 NSWLR 168 R v Zamagias [2002] NSWCCA 17