REGINA v GIBSON [2006] NSWCCA 299

New South Wales Court of Criminal Appeal

CITATION: REGINA v GIBSON [2006] NSWCCA 299

HEARING DATE(S): 24 July 2006

JUDGMENT DATE: 24 July 2006

JUDGMENT OF: Tobias JA at 32; McClellan CJ at CL at 1; Hoeben J at 33

DECISION: 1. Appeal upheld and sentence quashed in relation to count one. In lieu thereof sentence the respondent to a period of imprisonment of fourteen months to date from 28 February 2006 with the balance of term of nine months to commence on 1 May 2007 and expire on 31 January 2008; 2. In relation to the other matters, the appeal should be dismissed.

CATCHWORDS: CRIMINAL LAW – Crown appeal against sentence – robbery – affray – assault student at a school – intimidating a member of staff at a school – partially accumulated sentences – substantially concurrent with sentences being served for prior offences – whether sentences reflected objective seriousness of offences – subject to good behaviour bonds at time of offences – whether sentencing judge ought to have adjusted commencement date of sentences – subjective factors – offender's anticipation of release – principle of double jeopardy – limit to additional period of imprisonment

LEGISLATION CITED: Crimes Act 1900

R v Dunn [ 2004] NSWCCA 41 R v Jones (unreported, NSWCCA, 30 June 1994) R v David King [2003] NSWCCA 352 R v KM & Ors [2004] NSWCCA 65 CASES CITED: R v McNaughton [2006] NSWCCA 242 R v MD, BM, NA, JT [2005] NSWCCA 342 R v Snider [2004] NSWCCA 134 R v WHS (unreported, NSWCCA, 27 March 1995) Veen v The Queen [No 2] (1987088) 164 CLR 465

PARTIES: The Crown (Appl) Phillip William Gibson (Resp)