R v Troy Rodney Hardes [2007] NSWCCA 82

New South Wales Court of Criminal Appeal

CITATION: R v Troy Rodney Hardes [2007] NSWCCA 82

HEARING DATE(S): 22 March 2007

JUDGMENT DATE: 28 March 2007

JUDGMENT OF: Simpson J at 1; Barr J at 2; Howie J at 20

DECISION: 1. Allow the appeal and quash the sentences appealed from. 2. For each of the 2003 offence and the offences in counts 2, 3 and 4, impose imprisonment for a fixed term of six months commencing on 6 February 2006 and expiring on 5 August 2006. Take into account for the 2003 offence the matter listed in the schedule. 3. For each of the offences in 5, 6 and 7 impose imprisonment for a fixed term of six months commencing on 6 May 2006 and expiring on 5 November 2006. 4. For each of the offences in count 8, 9 and 10 impose imprisonment for a fixed term of six months commencing on 6 August 2006 and expiring on 5 February 2007. 5. For the offence charged in the first count, and taking into account the thirty-eight other matters in the schedule, impose imprisonment for a non-parole period of two years, commencing on 6 February 2007, and a balance of term of three years. The reason for the imposition of a balance of term exceeding one-third of the non-parole period is the special need of the respondent for the extended support of the officers of the Probation and Parole Service in his efforts to rid himself of his addiction to illegal drugs and the criminal consequences thereof. 6. Order that the respondent pay compensation in the sum of $4,500.00. 7. Declare that the first day on which the respondent will be eligible for release on parole will be 5 February 2009.

CATCHWORDS: CRIMINAL LAW - sentencing - Crown appeal - whether sentences inadequate

Attorney-General's Application [No 1]; R v Ponfield [1999] NSWCCA 435 R v Ellis (1986) 6 NSWLR 603 CASES CITED: Bugmy v The Queen (1990) 169 CLR 525 The Queen v Osenkowski (1982) 30 SASR 212 R v Allpass (1993) 72 A Crim R 561 Dinsdale v The Queen [2000] HCA 54