Quinlan v R [2007] NSWCCA 109

New South Wales Court of Criminal Appeal

CITATION: Quinlan v R [2007] NSWCCA 109

HEARING DATE(S): 04/04/2007

JUDGMENT DATE: 18 April 2007

JUDGMENT OF: McClellan CJ at CL at 1; Hoeben J at 2; Hall J at 44

DECISION: Leave to appeal granted, appeal dismissed.

CATCHWORDS: Criminal law - sentence appeal - large number of offences - sentences partially concurrent and partially cumulative - did error arise from the ratio between the aggregate head sentence and the aggregate non-parole period.

LEGISLATION CITED: Crimes Act 1900

CASES CITED: R v Way (2004) 60 NSWLR 168

PARTIES: Yohan Joseph Quinlan - Applicant Crown - Respndent

FILE NUMBER(S): CCA 2007/126

COUNSEL: Mr A Haesler SC - Applicant Ms N Noman - Respondent Crown

SOLICITORS: SE O'Connor, Solicitor for Legal Aid - Applicant S Kavanagh - Solicitor for Public Prosecutions - Respondent Crown

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 05/51/0046

LOWER COURT JUDICIAL OFFICER: Garling DCJ

LOWER COURT DATE OF DECISION: 10/10/2005

IN THE COURT OF CRIMINAL APPEAL 2007/126

McCLELLAN CJ at CL HOEBEN J HALL J

Wednesday 18 April 2007 Yohan Joseph QUINLAN v REGINA Judgment 1 McCLELLAN CJ at CL: I agree with Hoeben J. 2 HOEBEN J: Offences and sentence The offences for which the applicant was convicted all occurred on the night of 8 December 2004 in Coffs Harbour when the applicant embarked upon a drug fuelled criminal rampage. The offences for which he was convicted were as follows: Count 1(a) – break and enter with the commission of a serious indictable offence namely sexual intercourse in circumstances of aggravation in that immediately before the commission of that offence he maliciously inflicted actual bodily harm contrary to s122(2) Crimes Act 1900. The maximum penalty for this offence is imprisonment for 20 years. The offence has a standard non-parole period of 5 years.