G A T v R [2007] NSWCCA 208

New South Wales Court of Criminal Appeal

CITATION: G A T v R [2007] NSWCCA 208 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 24/01/2007

JUDGMENT DATE: 17 July 2007

JUDGMENT OF: Adams J at 1; Howie J at 27; Price J at 28

DECISION: 1. Leave to appeal is granted; 2. The sentence imposed on charge 3 is quashed and substituted in lieu thereof is a non-parole period of one year and six months commencing on 24 May 2008 and ending on 23 November 2009 and a balance of term of one year and one month commencing on 24 November 2009 and concluding on 23 December 2010; 3. As to charge 4, the sentence is quashed and in lieu thereof the appellant is sentenced to a fixed term of one year commencing on 24 May 2008 and ending on 23 May 2009; 4. As to charge 6, the non parole period is varied from four years to two years to commence on 24 May 2010 and end on 23 May 2012, and the balance of term from three years and six months is varied to commence on 24 May 2012 and end on 23 November 2015

CATCHWORDS: sentencing - multiple offences - need to ensure utilitarian discount is reflected in overall sentence - nature of abstract case for consideration of standard minimum non-parole period.

LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999

R v AJP (2004) 150 A Crim R 575 CASES CITED: R v Dang [2005] NSWCCA 430 R v Thompson (2005) 156 A Crim R 467 R v Way (2004) 60 NSWLR168

PARTIES: G A T REGINA

FILE NUMBER(S): CCA 2006/2122

COUNSEL: Applicant: Mr B. P. Hancock Respondent: Mr P. G. Ingram