Chandler v R [2008] NSWCCA 240

New South Wales Court of Criminal Appeal

CITATION: Chandler v R [2008] NSWCCA 240

HEARING DATE(S): 22 September 2008

JUDGMENT DATE: 20 October 2008

JUDGMENT OF: Beazley JA at 1; Hislop J at 2; Price J at 48

DECISION: (1) Leave to appeal granted; (2) Appeal dismissed.

LEGISLATION CITED: Crimes Act, 1900 Criminal Appeal Act, 1912

Thewlis v R [2008] NSWCCA 176 Ryan v R (2001) 206 CLR 267 Lewins v R [2007] NSWCCA 189 CASES CITED : Veen v The Queen (No 2) (1988) 164 CLR 465 R v McNaughton [2006] NSWCCA 242 R v El Masri [2005] NSWCCA 167 R v Simpson (2001) 53 NSWLR 704

PARTIES: Tully Light Chandler v R

FILE NUMBER(S): CCA 2007/3873

COUNSEL: In person on written submissions (Applicant) P. Calvert (Crown)

SOLICITORS: In person (Applicant) Solicitor for Public Prosecutions (Crown)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 07/51/0075

LOWER COURT JUDICIAL OFFICER: Black DCJ

LOWER COURT DATE OF DECISION: 10 August 2007

IN THE COURT OF CRIMINAL APPEAL 2007/3873

BEAZLEY JA HISLOP J PRICE J

Monday 20 October 2008 TULLY LIGHT CHANDLER v R Judgment 1 BEAZLEY JA: I agree with Hislop J. 2 HISLOP J: On 8 August 2007 the applicant pleaded guilty to an indictment containing twelve counts of break and enter and commit a serious indictable offence therein, namely larceny, contrary to s 112(1) of the Crimes Act, 1900 (counts 1-4, 6-8, 10-14) and two counts of break and enter with intent to commit a serious indictable offence therein, namely larceny, contrary to s 113(1) of the Crimes Act, 1900 (counts 5, 9). The maximum penalty for offences under s 112(1) is 14 years imprisonment and the maximum penalty for offences under s 113(1) is 10 years imprisonment. The applicant requested that seven matters on a Form 1 be taken into account in the sentencing process. The seven matters on the Form 1 comprised three break enter and steal, goods in custody and three offences of possessing prohibited drugs. Counts 1-8 and 4 of the Form 1 offences occurred between 5 February 2006 and 24 April 2006. Counts 9-14 and the remaining Form 1 offences occurred between 19 October 2006 and 30 October 2006. 3 On 10 August 2007 the applicant was sentenced in the District Court as follows: Counts 1-4, 6-8: On each count: a fixed term of imprisonment for 2 years commencing on 30 July 2006 and expiring on 29 July 2008. Count 5: A fixed term of imprisonment for 18 months commencing on 30 July 2006 and expiring on 29 January 2008. Counts 10, 11, (Taking into account the matters on the Form 1 12, 13 and 14: in relation to Count 11) On each count: 4 years imprisonment commencing on 29 January 2008 and expiring on 28 January 2012 with a non parole period of 2 years commencing on 29 January 2008 and expiring on 28 January 2010. Count 9: Fixed term of imprisonment for 2 years commencing on 29 January 2008 and expiring on 28 January 2010.