R v Douglas [2007] NSWCCA 31

New South Wales Court of Criminal Appeal

CITATION: R v Douglas [2007] NSWCCA 31

HEARING DATE(S): 14/2/07

JUDGMENT DATE: 14 February 2007

JUDGMENT OF: McClellan CJ at CL at 36; Bell J at 1; Howie J at 37

EX TEMPORE JUDGMENT DATE: 14 February 2007

DECISION: Allow the appeal and quash the sentences imposed in the District Court. In lieu thereof, the respondent is sentenced as follows; 1. For the offence charged in count 2 - the offence against Joseph Slominski - a non-parole period of twelve months with a balance of term of eight months. Such sentence to be by way of periodic detention. The respondent is to report to the Metropolitan Periodic Detention Centre at Parramatta not later than 8.30 am on 24 February 2007 to commence serving this sentence. Direct the respondent's release at the expiration of the non-parole period; 2. For the offence charged in count 3 - the offence against David Grooms - a non-parole period of ten months and a balance of term of five months. That sentence is to be served by way of periodic detention. The respondent is to report to the Metropolitan Periodic Detention Centre at Parramatta not later than 8.30 am on 24 February 2007 to commence serving that sentence

CATCHWORDS: Crown appeal against sentence

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

Pearce v R (1998) 194 CLR 610 R v Allpass (1993) 72 A Crim R 561 CASES CITED: R v Cicekdag [2004] NSWCCA 357; 150 A Crim R 299 R v Hammoud 118 A Crim R 66 R v Wall [2002] NSWCCA 42 R v Zamagias [2002] NSWCCA 17

PARTIES: Regina (Appellant) Paul Robert Douglas (Respondent)