Regina v John Gordon Porteous [2005] NSWCCA 115

New South Wales Court of Criminal Appeal

CITATION: Regina v John Gordon Porteous [2005] NSWCCA 115

HEARING DATE(S): 31 March 2005

JUDGMENT DATE: 6 April 2005

JUDGMENT OF: Giles JA at 1; Hoeben J at 2; Johnson J at 3

DECISION: 1. Leave to appeal granted as to sentence for the offence under s.112(2) Crimes Act 1900; 2. leave to appeal refused as to sentence for the offence under s.154A Crimes Act 1900; 3. appeal allowed with respect to the offence under s.112(2) and the sentence quashed; 4. sentenced for the s.112(2) offence to imprisonment comprising a non-parole period of three years and nine months commencing on 8 November 2003 and to expire on 7 August 2007 and a balance of term of two years commencing on 8 August 2007 and to expire on 7 August 2009; 5. the recommendations to prison authorities made by Charteris DCJ on 24 June 2004 are confirmed.

CATCHWORDS: SENTENCING - break, enter and commit serious indictable offence in circumstances of aggravation - extent of discount for early plea of guilty and finding of remorse - determination of objective seriousness of offence - use of pre-2003 statistics in sentencing for standard non-parole period offence.

Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

R v Way (2004) 60 NSWLR 168 R v GJ Davies [2004] NSWCCA 319 R v Pellew [2004] NSWCCA 434 R v Thomson and Houlton (2000) 49 NSWLR 383 Cameron v The Queen (2002) 209 CLR 339 R v Johnstone [2004] NSWCCA 307 CASES CITED: R v Scott [2003] NSWCCA 286 R v Newman [2004] NSWCCA 113 R v Sharma (2002) 54 NSWLR 300 R v Bloomfield (1998) 44 NSWLR 734 R v Nai Poon [2003] NSWCCA 42 Power v The Queen (1974) 131 CLR 623