R v Smith [2005] NSWCCA 339

New South Wales Court of Criminal Appeal

CITATION: R v Smith [2005] NSWCCA 339

HEARING DATE(S): 29 July 2005

JUDGMENT DATE: 28 September 2005

JUDGMENT OF: Hulme J at 1; Hidden J at 51; Bell J at 54

DECISION: 1. Grant applicant leave to appeal and allow appeal - allow Crown appeal - sentences quashed - on supply prohibited drug, fixed term of 3 months from 27 August 2003; on maliciously inflict grievous bodily harm, non-parole period of 3 years from 27 November 2003, balance of term of 1/1/2 years; on enter dwelling house with intent to commit larceny, non-parole period of 1 year from 27 May 2006, balance of term 2 years.

CATCHWORDS: CRIMINAL LAW - application for leave to appeal against sentence - cross-appeal by Crown - s 7(1A), Criminal Appeal Act - charges of supply prohibited drug - enter dwelling with intent - maliciously inflicting GBH - offences linked in time - whether sentence on drug charge manifestly excessive - whether concurrence of sentence on the other two charges appropriate - whether accumulation of those sentences on sentence for drug charge appropriate - whether overall sentence appropriate to reflect total criminality - whether Court should intervene when error shown in individual sentences but overall sentence appropriate

Crimes Act 1900 Criminal Procedure Act 1986 Drug Misuse and Trafficking Act 1985 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Crimes (Administration of Sentences) Act 1999 Criminal Appeal Act 1912

R v Crombie [1999] NSWCCA 297 R v Carr (2002) 135 A Crim R 171 R v Price [2002] NSWCCA R v Scott [2003] NSWCCA 286 R v Thomson & Holton [2000] 49 NBSWLR 383 CASES CITED: R v Royal [2003] NSWCCA 275 R v Bottin [2005] NSWCCA 254 R v Shankley [2002] NSWCCA 253 R v Wickham [2004] NSWCCA 193 R v Georgiou [2005] NSWCCA 237