Mitchell v Regina [2006] NSWCCA 72

New South Wales Court of Criminal Appeal

CITATION: Mitchell v Regina [2006] NSWCCA 72 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 1 February 2006

JUDGMENT DATE: 24 March 2006

JUDGMENT OF: Sully J at 1; Latham J at 2

DECISION: Leave to appeal granted and appeal allowed; the sentences imposed by Solomon DCJ on 25 February 2005 are quashed; on each of counts 1 to 4, a sentence of 3 years' imprisonment to date from 14 January 2005, expiring 13 January 2008. In respect of each count, a non-parole period of 18 months to date from 14 January 2005, expiring 13 July 2006; On each of counts 5 to 8, a sentence of 3 years' imprisonment to date from 14 September 2005, expiring 13 September 2008. In respect of each count, a non-parole period of 18 months to date from 14 September 2005, expiring 13 March 2007; on each of counts 9 to 13, a sentence of 3 years 4 months' imprisonment to date from 14 September 2006, expiring 13 January 2010. In respect of each count, a non-parole period of 18 months to date from 14 September 2006 expiring 13 March 2008; The applicant is eligible for release to parole on 14 March 2008.

CATCHWORDS: Sentence only - s178BA offences - manifestly excessive

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

Hitchcock NSWCCA (unreported) 13 July 1998 Battiato [1999] NSWCCA 44 Szeto [1999] NSWCCA 296 Aliperti [2000] NSWCCA 315 Tripodina [2001] NSWCCA 136 CASES CITED: Hawker [2001 NSWCCA 148 Farlow [2001] NSWCCA 348 Trim [2002] NSWCCA 82 Royal [2003] NSWCCA 260 R v Araya [2005] NSWCCA 283 R v George (2000) 149 A Crim R 38 Pearce v The Queen (1998) 194 CLR 610