R v Barker, R v Gibson [2006] NSWCCA 20

New South Wales Court of Criminal Appeal

CITATION: R v Barker, R v Gibson [2006] NSWCCA 20

HEARING DATE(S): 17/01/2006

JUDGMENT DATE: 15 February 2006

JUDGMENT OF: Basten JA at 1; Howie J at 2; Hall J at 90

DECISION: In the case of the respondent Barker, the Crown appeal is allowed and the sentence imposed is quashed so far as the commencement date of the sentence is concerned. The sentence is to commence from 4 August 2005 so that the non-parole period expires on 5 February 2007, the date upon which the applicant is eligible to be released to parole. In the case of the respondent Gibson, the Crown appeal is allowed and the sentence imposed is quashed so far as the commencement date is concerned. The sentence is to commence from 3 November 2004 and the non-parole period is to expire on 2 May 2006, the date upon which the respondent is eligible to be released to parole.

CATCHWORDS: Criminal Law - Crown appeal - concurrent sentences for unrelated offences - whether delay before arrest relevant - respondents resentenced.

Crimes Act 1900 - ss 154A(b), 154C(2) Criminal Procedure Act 1986 LEGISLATION CITED: Mental Health (Criminal Procedure) Act Crimes (Sentencing Procedure) Act 1999 - ss 12, 54B(4) Crimes (Amendment) (Gang and Vehicle Related Offences) Bill

R v Todd [1982] 2 NSWLR 517 Fernando (1992) 76 A Crim R 58 R v Mills [2005] NSWCCA 175 R v Hammoud [2000] NSWCCA 540 R v Drew [2005] NSWCCA 50 R v Wall [2002] NSWCCA 42 Makarian v The Queen (2005) 79 ALJR 1048 CASES CITED: R v Way (2004) 60 NSWLR 168 Mill v The Queen (1988) 166 CLR 59 R v Kay [2004] NSWCCA 130 R v Hathaway [2005] NSWCCA 368 R v Shorten [2005] NSWCCA 106 R v Bragias (1997) 92 A Crim R 330 R v Carter [1999] NSWCCA 376 Postiglione v The Queen (1997) 189 CLR 295 R v Postiglione (1997) 98 A Crim R 134