R v Clifford [2008] NSWCCA 190

New South Wales Court of Criminal Appeal

CITATION: R v Clifford [2008] NSWCCA 190

HEARING DATE(S): 2 July 2008

JUDGMENT DATE: 15 August 2008

JUDGMENT OF: Allsop P at 1; James J at 2; Price J at 3

DECISION: 1. Crown appeal allowed. 2. Sentences imposed in the District Court on counts 2-7 inclusive are quashed. 3. In respect of count 2 sentence the respondent to imprisonment for a non-parole period of 2 years 9 months to date from 12 September 2007 and expire on 11 June 2010 and a balance of term of 2 years 6 months expiring on 11 December 2012. 4. In respect of count 3 sentence the respondent to imprisonment for a fixed term of 15 months commencing on 12 October 2007 and expiring on 11 January 2009. 5. In respect of count 4 sentence the respondent to imprisonment for a fixed term of 18 months commencing on 12 December 2007 and expiring on 11 June 2009. 6. In respect of count 5 sentence the respondent to imprisonment for a fixed term of 18 months commencing on 12 March 2008 and expiring on 11 September 2009. 7. In respect of count 6 sentence the respondent to imprisonment for a fixed term of 21 months commencing on 12 June 2008 and expiring on 11 March 2010. 8. In respect of count 7 sentence the respondent to imprisonment for a fixed term of 21 months commencing on 12 December 2008 and expiring on 11 September 2010. The overall effective sentence will be a non-parole period of 3 years 9 months commencing on 12 December 2006 and expiring on 11 September 2010 and a balance of term of 2 years 3 months expiring on 11 December 2012. The earliest date on which the respondent will be eligible for release to parole is 11 September 2010.

CATCHWORDS: Criminal law - sentencing - Crown appeal - offences of break, enter and steal - sentence manifestly inadequate - repeat offending - small businesses - accumulative effect of aggravating factors - matters on Form 1 - consideration of discretion not to intervene - sentence manifestly inadequate