Vos v Regina [2006] NSWCCA 234

New South Wales Court of Criminal Appeal

CITATION: Vos v Regina [2006] NSWCCA 234

HEARING DATE(S): 01/08/2006

JUDGMENT DATE: 3 August 2006

JUDGMENT OF: Spigelman CJ at 1; Hoeben J at 2; Rothman J at 37

DECISION: Leave to appeal granted and appeal allowed. Applicant re-sentenced.

CATCHWORDS: Sentence appeal - sentencing for multiple offences - concurrency and accumulation - proper treatment of Form 1 matters - report pursuant to s11 of the Criminal Appeal Act.

LEGISLATION CITED: Criminal Appeal Act 1912 Crimes Act 1900

Attorney-General's Application under s37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 Pearce v The Queen (1998) 194 CLR 610 CASES CITED: R v Sloane ([2001] NSWCCA 421 Veen v The Queen (No 2) (1988) 164 CLR 465 R v Zamagias [2002] NSWCCA 17

PARTIES: Daniel Robert Vos - Applicant Crown - Respondent

FILE NUMBER(S): CCA 2006/873

COUNSEL: C Craigie SC - Applicant D Frearson SC - Crown

SOLICITORS: S O'Connor, Solicitor for the Legal Aid Commission of NSW - Applicant S Kavanagh, Solicitor for Public Prosecutions - Respondent

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 05/11/0636

LOWER COURT JUDICIAL OFFICER: Donovan QC DCJ

LOWER COURT DATE OF DECISION: 07/10/2005

IN THE COURT OF CRIMINAL APPEAL 2006/873

SPIGELMAN CJ HOEBEN J ROTHMAN J

Thursday, 3 August, 2006 Daniel Robert VOS v REGINA JUDGMENT 1 SPIGELMAN CJ: I agree with Hoeben J. 2 HOEBEN J: Offences and sentence On 7 October 2005 Judge Donovan QC sentenced the applicant in respect of the following offences: