McCabe v Regina [2006] NSWCCA 160

Reported Decision : 162 A Crim R 166

New South Wales Court of Criminal Appeal

CITATION: McCabe v Regina [2006] NSWCCA 160

HEARING DATE(S): 6 February 2006

JUDGMENT DATE: 22 May 2006

JUDGMENT OF: Beazley JA at 1

DECISION: 1. The appeal is allowed; 2. The sentences imposed on the appellant on 8 March 2005 are confirmed.

CATCHWORDS: CRIMINAL LAW – sentencing – sentences imposed by Drug Court following termination of Drug Court programme – appeal against severity – sentencing – aggravating factors – whether multiple offences of break, enter and steal in one block of units constituted a series of criminal acts with multiple victims – single criminal act and single victim for each offence – not an aggravating factor - SENTENCING – prior like offences – no error - SENTENCING – prior convictions – prior convictions are not an aggravating factor - SENTENCING – re-sentencing – Court may confirm sentence imposed by the trial judge notwithstanding a finding that the trial judge erred – lenient sentences imposed by trial judge – sentences confirmed

Crimes (Sentencing Procedure) Act 1999 (NSW), ss.3A, 4, 8A, 21A, 33 LEGISLATION CITED: Crimes Act 1900 (NSW), s.112(1) Criminal Appeal Act 1912 (NSW), ss.5AA, 5AF Drug Court Act 1988 (NSW), ss.5, 6, 7, 12, 24

Pearce v The Queen (1998) 194 CLR 610 R v Astill (1992) 64 A Crim R 148 R v Blair [2005] NSWCCA 78 R v Cocking [1999] NSWCCA 311 CASES CITED: R v Crombie [1999] NSWCA 297 R v McQueeney [2005] NSWCCA 168 R v Ponfield (1999) 48 NSWLR 327 R v Rice (2004) 150 A Crim R 37 R v Tadrosse [2005] NSWCCA 145 Ryan v The Queen (2001) 206 CLR 267