Stanford v Regina [2007] NSWCCA 73

New South Wales Court of Criminal Appeal

CITATION: Stanford v Regina [2007] NSWCCA 73

HEARING DATE(S): 10 November 2006

JUDGMENT DATE: 26 March 2007

JUDGMENT OF: McClellan CJ at CL at 1; Hulme J at 2; Rothman J at 24

DECISION: 1. Grant leave to appeal; 2. Allow the appeal; 3. Quash the sentences imposed on the Applicant by Judge Sides on 15 December 2005 and in lieu thereof sentence the Applicant as follows:; (i) In respect of count 2, sentence the Applicant to imprisonment for a non-parole period of 1 year commencing on 25 January 2005 together with a balance of term of 7 months commencing on 25 January 2006; (ii) In respect of count 3, sentence the Applicant to imprisonment for a non-parole period of 1 year commencing on 25 April 2005 together with a balance of term of 7 months commencing on 25 April 2006; (iii) In respect of count 4, sentence the Applicant to imprisonment for a non-parole period of 1 year commencing on 25 July 2005 together with a balance of term of 7 months commencing on 25 July 2006; (iv) In respect of count 1, and taking into account the offence on the Form 1, sentence the Applicant to imprisonment for a non-parole period of 1 year and 3 months commencing on 25 April 2006 together with a balance of term of 1 year commencing on 25 July 2007; (v) Record as the date upon which it appears to the court that the Applicant will become eligible for parole, 25 July 2007.

CATCHWORDS: CRIMINAL LAW – appeal – sentencing – requirement for custodial sentence – accumulation of sentences – totality – impact of theoretical possibility that offence could be dealt with at Local Court – effect of intoxication – quantification of discount for plea of guilty – parity principle not require comparison with sentence for child co-offender.