Richards v Regina [2006] NSWCCA 262

New South Wales Court of Criminal Appeal

CITATION: Richards v Regina [2006] NSWCCA 262 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 26 April 2006

JUDGMENT DATE: 25 August 2006

JUDGMENT OF: McColl JA at 1; Adams J at 86; Latham J at 112

DECISION: 1.Quash the sentences imposed by Judge Shadbolt in respect of counts 1, 2, 3 and 4 on the indictment dated 8 March 2005 and the count on the indictment dated 22 April 2005. 2. In respect of count 1 on the indictment dated 8 March 2005 sentence the applicant to imprisonment for four years and four months to commence 22 April 2006 and expire 21 August 2010 with a non-parole period of three years to commence 22 April 2006 and expire 21 April 2009. 3. In respect of counts 2 - 4 on the indictment dated 8 March 2005 sentence the applicant to imprisonment on each for four years to commence 22 April 2006 and expire 21 April 2010 with a non-parole period of three years to commence 22 April 2006 and expire 21 April 2009. 4. In respect of the count on the indictment dated 22 April 2005, sentence the applicant to twelve months imprisonment to commence on 22 April 2005 and expire on 21 April 2006. 5. Grant leave to appeal. 6. Dismiss the appeal.

CATCHWORDS: CRIMINAL LAW - APPEAL - SENTENCE - Plea of guilty to 1 count of dangerous driving occasioning death (s52A(1)(c) Crimes Act), 3 counts of dangerous driving occasioning grievous bodily harm (s52A(3)(c) Crimes Act) and 1 count of make accusation intending another person to be the subject of an investigation, knowing that person to be innocent of the offence alleged (s314,Crimes Act) - Whether sentencing judge erred by sentencing on basis of facts which gave rise to a more serious offence - Whether sentencing judge erred in failing to take into account the utilitarian value of plea of guilty - Objective criminality of s 314 offence - Whether lesser sentence warranted where sentencing judge failed to accumulate sentences on dangerous driving counts - s7(1A) Criminal Appeal Act discussed - SENTENCING - failure of judge formally to impose sentence - s43 Crimes (Sentencing Procedure) Act - LEGAL PRACTITIONERS - Obligation of Crown Prosecutor to assist court to avoid appealable error.