REGINA v MISKI [2006] NSWCCA 178

New South Wales Court of Criminal Appeal

CITATION: REGINA v MISKI [2006] NSWCCA 178 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 1 May 2006

JUDGMENT DATE: 5 June 2006

JUDGMENT OF: McClellan CJ at CL at 1; Hall J at 65; Latham J at 66

DECISION: 1. Crown appeal allowed; 2. Sentences quashed and resentence as follows; Count 1 - A non-parole period of four years to commence on 18 February 2005 and expire on 17 February 2009 and a balance of term of 1 year and 4 months to expire on 17 June 2010; Count 2 - Taking into account the matter on the Form 1 a non-parole period of 4 years to commence 18 November 2005 and expire on 17 November 2009 and a balance of term of 1 year and 6 months to expire on 17 May 2011; Count 3 - A non-parole period of 4 years to commence on 18 February 2006 and expire on 17 February 2010 and a balance of term of 1 year and 4 months to expire on 17 June 2011; Count 4 - A non-parole period of 3 years and 9 months to commence on 18 August 2006 and expire on 17 May 2010 and a balance of term of 1 year and 9 months to expire on 17 February 2012; The total non-parole period is 5 years and 3 months and the balance of the term is 1 year and 9 months.

CATCHWORDS: CRIMINAL LAW – Crown appeal – robbery in company – offensive weapon – post-offending conduct – whether overall sentence adequately reflects criminality – criminal record – offences committed while on parole – appropriate sentence for multiple offences – distinguished from Henry guideline – offences on the Form One – whether temporal and causal connection between offences – delay in bringing Crown appeal – whether residual discretion should be exercised – specific and general deterrence