Hiron v R [2007] NSWCCA 336

New South Wales Court of Criminal Appeal

CITATION: Hiron v R [2007] NSWCCA 336

HEARING DATE(S): 13 November 2007

JUDGMENT DATE: 7 December 2007

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

DECISION: (i) Leave to appeal be granted. (ii) Quash the sentence imposed by Viney ADCJ for count 3a being an offence contrary to s 59(1) Crimes Act 1900. (iii) Sentence the applicant on count 3a to imprisonment with a non-parole period of 1 year and 9 months commencing on 22 January 2008 and expiring on 21 October 2009 and a balance of term of 2 years commencing on 22 October 2009 and expiring on 21 October 2011. (iv) Quash the sentence imposed by Viney ADCJ for count 4a being an offence contrary to s 59(1) Crimes Act 1900. (v) Sentence the applicant on count 4a to imprisonment with a non-parole period of 1 year and 9 months commencing on 22 October 2008 and expiring on 21 July 2010 and a balance of term of 2 years commencing on 22 July 2010 and expiring on 21 July 2012. The total effective sentence of imprisonment comprised of a non-parole period of four years commencing on 22 July 2006 and expiring on 21 July 2010 with a balance of term of two years expiring on 21 July 2012 remains unaltered. The earliest date on which the applicant will be eligible for release to parole remains 21 July 2010.

CATCHWORDS: Criminal law - sentencing - multiple offences - application of utilitarian discount - principle of totality - sentence not manifestly excessive.

LEGISLATION CITED: Crimes Act 1900 s 58, s 59(1), Criminal Appeal Act 1912 s 6(3)

Callaghan v The Queen (2006) 160 A Crim R 145 Mill v The Queen (1988) 166 CLR 59 Pearce v The Queen (1998) 194 CLR 610 R v Dunn (2004) 144 A Crim R 180 R v Edigarov (2001) 125 A Crim R 55 CASES CITED: R v Hamid [2006] NSWCCA 302 R v Knight (2005) 155 A Crim R 252 R v McNaughton [2006] NSWCCA 242 R v M.A.K., R v M.S.K. [2006] NSWCCA 381 Regina v Fernando [2002] NSWCCA 28 Regina v Hajjo (Court of Criminal Appeal, 31 August 1992, unreported)