NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Porter v R [2008] NSWCCA 145
HEARING DATE(S): 7 May 2008
JUDGMENT DATE: 26 June 2008
JUDGMENT OF: Bell JA at 1; Johnson J at 2; McCallum J at 98
1. Leave granted to appeal against sentences imposed on 26 April 2007 in the Orange District Court. 2. Appeal allowed and sentences imposed on 26 April 2007 quashed. In lieu thereof, the Applicant is sentenced: DECISION: (a) for the offence of break, enter and steal on Bradley's Florist shop - imprisonment for a fixed term of 12 months to date from 1 March 2007 and to expire on 29 February 2008; (b) with respect to each of the five offences under s.195(b) Crimes Act 1900 - imprisonment by way of a non-parole period of two years and six months commencing on 1 September 2007 and expiring on 28 February 2010 with a balance of term of two years and three months commencing on 1 March 2010 and expiring on 31 May 2012; (c) for the offence of break, enter and steal on Swish Homes and Living - imprisonment for a fixed term of 18 months to date from 1 December 2007 and to expire on 31 May 2009. 3. The earliest date upon which the Applicant will be eligible for release on parole is 28 February 2010. Confirm recommendation that Applicant be placed in a young offenders programme and be provided with psychological counselling whilst in custody.
CATCHWORDS: CRIMINAL LAW - sentencing - break enter and steal - maliciously damage property by fire - burglary offences on small business premises in commercial building in regional centre - setting fire to curtain in shop during burglary - resulting fire causes substantial damage to small business premises in building - principles applicable in sentencing arson offender - relevance on sentence of harm and loss to small business persons resulting from arson offences - meaning of "conditional liberty" in s.21A(2)(j) Crimes (Sentencing Procedure) Act 1999 - error in approach to accumulation, concurrency and totality - head sentence excessive - non-parole period not excessive
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