Valentine v Regina [2007] NSWCCA 23

New South Wales Court of Criminal Appeal

CITATION: Valentine v Regina [2007] NSWCCA 23

HEARING DATE(S): 1 February 2007

JUDGMENT DATE: 12 February 2007

JUDGMENT OF: McClellan CJ at CL at 1; Simpson J at 2; Price J at 3

DECISION: Leave to appeal granted. Appeal dismissed.

CATCHWORDS: Criminal law-sentencing-voluntary disclosure of offences-imminence of discovery-degree of leniency

LEGISLATION CITED: Crimes Act 1900 (NSW) s 300 (2)

R v Bell [2005] NSWCCA 81 CASES CITED: R v Ellis (1986) 6 NSWLR 603 R v Palinko [2005] NSWCCA 46 Ryan v The Queen (2001) 206 CLR 267

PARTIES: Darrin Patrick Valentine Regina

FILE NUMBER(S): CCA 2006/2341

COUNSEL: P Barrett - Crown J Manuell - Applicant

SOLICITORS: S Kavanagh - Crown S O'Connor - Applicant

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 05/31/0140

LOWER COURT JUDICIAL OFFICER: McLoughlin DCJ

LOWER COURT DATE OF DECISION: 3 February 2006

LOWER COURT MEDIUM NEUTRAL CITATION: Regina v Darrin Patrick Valentine

IN THE COURT OF CRIMINAL APPEAL 2006/2341

McClellan CJ at CL Simpson J Price J

12 February 2007 DARRIN PATRICK VALENTINE v REGINA

Judgment

1 McCLELLAN CJ at CL: I agree with Price J. 2 SIMPSON J: I agree with Price J. 3 PRICE J: The applicant Darrin Patrick Valentine seeks leave to appeal against the severity of sentences imposed upon him by McLoughlin DCJ in the District Court at Gosford on 3 February 2006. 4 On 19 May 2005, the applicant pleaded guilty in the Local Court to three counts of using a false instrument with intent contrary to s 300(2) of the Crimes Act 1900 (NSW) and confirmed his pleas in the District Court. 5 An offence contrary to s 300(2) of the Crimes Act 1900 (NSW) carries a maximum penalty of imprisonment of ten years. 6 Two matters on a Form 1 of using a false instrument with intent were taken into account on sentence. 7 The Judge (taking into account the matters on the Form 1) on the first count sentenced the applicant to imprisonment with a non-parole period of two years commencing on 3 November 2006 and expiring on 2 November 2008 with a balance of term of two years expiring on 2 November 2010. On the second count, a sentence of imprisonment with a non-parole period of eighteen months commencing on 3 February 2006 and expiring on 2 August 2007, with a balance of term of eighteen months expiring on 2 February 2009 was imposed. On the third count the applicant was sentenced to imprisonment with a non-parole period of eighteen months commencing on 3 May 2007 and expiring on 2 November 2008, with a balance of term of 18 months expiring on 2 May 2010. 8 As a result of partial accumulation, the total effective sentence was imprisonment for four years and nine months, with a non-parole period of two years and nine months.