R v Nahle [2007] NSWCCA 40

New South Wales Court of Criminal Appeal

CITATION: R v Nahle [2007] NSWCCA 40 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 16/2/07

JUDGMENT DATE: 22 February 2007

JUDGMENT OF: McClellan CJ at CL at 1; Sully J at 2; Howie J at 3

DECISION: 1. The sentences imposed by Sides DCJ are quashed; 2. In lieu the following sentences are imposed; (a) for the offence of inflict grievous bodily harm imprisonment for 16 months with a non-parole period of 12 months to date from 3 December 2005 with the non-parole period expiring on 2 December 2006; (b) for the offences of assault occasioning actual bodily harm a fixed term of imprisonment for 5 months to date from 3 December 2006 and to expire on 2 May 2007; (c) for the offence of kidnapping imprisonment for 2 years and 9 months to date from 3 May 2007 to expire on 2 February 2010 with a non–parole period of 1 year and 8 months to expire 2 January 2009 the date upon which the respondent is to be released to parole

CATCHWORDS: Criminal law - sentencing – Crown appeal – kidnapping and assault on single victim and further offence of violence on bail - respondent absconded on bail then surrendered to police after more than six years – whether too much weight given to rehabilitation – whether surrender constitutes assistance to the authorities – whether assaults on victim part of the facts of kidnapping – finding special circumstances to reduce non-parole period on basis of accumulation of sentences – whether sentence manifestly inadequate

Bail Act 1998 LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912