Regina v CAGE [2006] NSWCCA 304

New South Wales Court of Criminal Appeal

CITATION: Regina v CAGE [2006] NSWCCA 304

HEARING DATE(S): 11 September 2006

JUDGMENT DATE: 22 September 2006

JUDGMENT OF: Hunt AJA at 1; Johnson J at 2; Latham J at 3

DECISION: 1. Appeal allowed; 2. The sentences imposed by Nield DCJ on 17 May 2006 are quashed; 3. On Count 1 on the indictment, taking into account the offence on the Form One, a non parole period of one year is imposed to date from 15 August 2005, expiring 14 August 2006, with a balance of term of one year, expiring 14 August 2007; 4. On Count 2 on the indictment, taking into account the offence on the Form One, a non parole period of 18 months is imposed to date from 15 February 2006, expiring 14 August 2007, with a balance of term of 12 months, expiring 14 August 2008; 5. On Count 3 on the indictment, a fixed term of 7 months imprisonment is imposed to date from 15 June 2006, expiring 14 January 2007. The respondent is eligible for release at the expiration of the non parole period in respect of Count 2.

CATCHWORDS: Sentence - Crown Appeal - Failure to assess objective gravity of offences - Undue emphasis on theoretical availability of summary disposition

LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999

R v Rushby [1977] 1 NSWLR 594 R v Gordon (1994) 71 A Crim R 459 Markarian v The Queen [2005] HCA 25 R v Ranse NSWCCA (unreported) 8 August 1994 CASES CITED: R v Gent [2005] NSWCCA 370 R v Crombie [1999] NSWCCA 297 R v El Masri [2005] NSWCCA 167 Wise v R [2006] NSWCCA 264 R v Wall [2002] NSWCCA 42