DRINAN v REGINA [2006] NSWCCA 303

New South Wales Court of Criminal Appeal

CITATION: DRINAN v REGINA [2006] NSWCCA 303

HEARING DATE(S): 1 August 2006

JUDGMENT DATE: 22 September 2006

JUDGMENT OF: Spigelman CJ at 1; Hoeben J at 2; Rothman J at 3

DECISION: Leave to appeal granted; Appeal dismissed.

CATCHWORDS: Criminal Law - appeals - whether use of standard non-parole period was inappropriate - parity - whether sentences manifestly excessive

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

R v Way (2004) 60 NSWLR 168 CASES CITED: Postiglione v The Queen (1997) 189 CLR 295 Lowe v The Queen (1994) 154 CLR 606

PARTIES: A - Anthony Stewart DRINAN R - REGINA

FILE NUMBER(S): CCA 2006/951

COUNSEL: A - Mr L Flannery R - Mr D C Frearson

SOLICITORS: A - S Calomeris (LAC) R - S Kavanagh (Public Prosecutions)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 05/61/0012

LOWER COURT JUDICIAL OFFICER: Finnane DCJ

LOWER COURT DATE OF DECISION: 26 August 2005

LOWER COURT MEDIUM NEUTRAL CITATION: Regina v Drinan and Stender (Unreported, District Court of NSW, 26/08/05)

- 1 - IN THE COURT OF CRIMINAL APPEAL 2006/951

SPIGELMAN CJ HOEBEN J ROTHMAN J

22 September 2006 ANTHONY STEWART DRINAN v REGINA Judgment

1 SPIGELMAN CJ: I agree with Rothman J. 2 HOEBEN J: I agree with Rothman J. 3 ROTHMAN J: Anthony Stewart Drinan was sentenced by his Honour Judge Finnane at the Sydney District Court on 26 August 2005 for three offences: malicious damage (date of offence 10 August 2004); common assault (date of offence 10 August 2004); aggravated break, enter and commit serious indictable offence (date of offence 14/15 August 2004). 4 For each of those offences, Mr Drinan was sentence to a s.9 bond (in relation to Counts 1 and 2) and in relation to Count 3, a non-parole period of 2 years and 6 months' imprisonment with a total term of 6 years, each of which was to date from 24 June 2005. From those sentences Mr Drinan seeks leave to appeal and, to the extent leave is granted, requests this Court to quash the sentences and impose lesser sentences. 5 The maximum sentence for each offence is: Count 1, malicious damage, imprisonment for 5 years; Count 2, common assault, imprisonment for 2 years; and Count 3, aggravated break, enter and commit serious indictable offence, imprisonment for 20 years. No standard non-parole period is set for any one of the offences.