R v DAVIES [2007] NSWCCA 178

New South Wales Court of Criminal Appeal

CITATION: R v DAVIES [2007] NSWCCA 178

HEARING DATE(S): 30 May 2007

JUDGMENT DATE: 29 June 2007

JUDGMENT OF: Tobias JA; Latham J; Fullerton J

DECISION: Crown appeal against sentence dismissed.

CATCHWORDS: CRIMINAL LAW - Sentencing - Crown appeal against sentence - Suspended sentence - Whether sentence manifestly inadequate - Whether approach to sentencing erroneous - Intoxication

Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912

Chaplin v The Queen (2006) 160 A Crim R 85 Coleman v R (1990) 47 A Crim R 306 R v Baker [2000] NSWCCA 85 CASES CITED: R v SY & Anor [2003] NSWCCA 291 R v Tran [1999] NSWCCA 109 R v Wall [2002] NSWCCA 42 R v Zamagias [2002] NSWCCA 17

PARTIES: The Crown (Appl) Shane Joshua Davies (Resp)

FILE NUMBER(S): CCA 2007/728

COUNSEL: B Dawe QC (Crown/Appl) P Rowe (Resp)

SOLICITORS: Director of Public Prosecutions (Crown/Appl) Lamrocks (Resp)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 06/21/1139

LOWER COURT JUDICIAL OFFICER: Hughes DCJ

LOWER COURT DATE OF DECISION: 9 March 2007

IN THE COURT OF CRIMINAL APPEAL 2007/728

TOBIAS JA LATHAM J FULLERTON J

29 JUNE 2007 REGINA V SHANE JOSHUA DAVIES JUDGMENT 1 THE COURT: This is an appeal by the Crown pursuant to s 5D of the Criminal Appeal Act 1912 against the inadequacy of a suspended sentence of ten months imposed by his Honour Judge Hughes in the District Court at Penrith on 9 March 2007 pursuant to s 12 of the Crimes (Sentencing Procedure) Act 1999.