Arnaout v R [2008] NSWCCA 278

Reported Decision: 191 A Crim R 149

New South Wales Court of Criminal Appeal

CITATION: Arnaout v R [2008] NSWCCA 278

HEARING DATE(S): 25 August 2008

JUDGMENT DATE: 27 November 2008

JUDGMENT OF: Basten JA at 1; Hislop J at 28; Price J at 29

(1) Grant the applicant leave to appeal in respect of the sentences imposed by Sorby DCJ in the District Court at Campbelltown on 14 September 2007. (2) With respect to each sentence other than that for the offence of escape lawful custody, dismiss the appeal. (3) In respect of the offence of escape lawful custody, quash the sentence imposed in the District Court and in substitution therefor sentence the applicant as follows: DECISION: The applicant is sentenced to imprisonment for three years nine months, with a non-parole period of two years. The sentence will commence on 25 January 2012, the non-parole period will expire on 24 January 2014 and the balance of the term of the sentence will expire on 24 October 2015. The earliest date on which the appellant will be eligible for release to parole is 24 January 2014.

CATCHWORDS: SENTENCING – appeal – when Court of Criminal Appeal should decline to intervene where error established – whether s 6(3) permits Court of Criminal Appeal to form opinion about aggregation of sentences passed – whether 'sentence' in s 6(3) means aggregation of sentences or individual sentence – Criminal Appeal Act 1912 (NSW) ss 6(3), 7(1A) - SENTENCING – early plea of guilty – whether judge gave utilitarian discount for pleas of guilty – whether trial judge had to quantify the discount or specify an undiscounted starting point - SENTENCING – multiple offences – totality – whether excessive sentence for escape from lawful custody – whether sentencing judge sentenced for accumulation of sentences, rather than for each offence – questions of total concurrency of sentences – whether sentences, as accumulated, failed to make sufficient allowance for totality – whether sentencing judge gave proper weight to offences contained on Form 1 – whether there was double counting by judge for offences committed whilst on parole – Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3, 44, 45 - STATUTORY CONSTRUCTION – sentence – whether singular imports plural – whether 'sentence' in s 6(3) means aggregation of sentences or individual sentence – Criminal Appeal Act 1912 (NSW) ss 6(3), 7(1A) - WORDS & PHRASES – "sentence"