DIRECTOR OF PUBLIC PROSECUTIONS (NSW) v CORNWALL [2007] NSWCCA 359

New South Wales Court of Criminal Appeal

CITATION: DIRECTOR OF PUBLIC PROSECUTIONS (NSW) v CORNWALL [2007] NSWCCA 359

HEARING DATE(S): 28 August 2007

JUDGMENT DATE: 19 December 2007

JUDGMENT OF: Basten JA at 1; Latham J at 18; Rothman J at 65

Appeal allowed. Respondent re-sentenced as follows:

Indictment Count 1 – Taking into account the offence on the Form One, a sentence of 11 years imprisonment, comprising a non-parole period of 7 years, to date from 13 December 2008, expiring 12 December 2015 with a balance of term of 4 years, expiring 12 December 2019.

Indictment Count 2 - A sentence of 6 years imprisonment, comprising a non-parole period of 4 years, to date from 13 December 2008, expiring 12 December 2012, with a balance of term of 2 years, expiring 12 December 2014.

DECISION: Committal Count 1 - A sentence of 18 months imprisonment, to date from 13 December 2007, expiring 12 June 2009.

Committal Count 2 – A fixed term of imprisonment for 2 years, to date from 13 December 2007, expiring 12 December 2009.

Committal Count 3 – Taking into account the offences on the Form One, a sentence of imprisonment for 3 years, comprising a non parole period of 2 years to date from 13 December 2005, expiring 12 December 2007, with a balance of term of one year, expiring 12 December 2008.

The respondent is eligible for release to parole on 13 December 2015.

CRIMINAL LAW – Crown appeal against sentence – sentence manifestly inadequate – sentences failed to reflect objective gravity of offences – whether error in imposing concurrent sentences – specially aggravated detain for advantage – aggravated break enter and steal – obtain financial advantage by deception – cultivate prohibited drug