English v R [2008] NSWCCA 134

New South Wales Court of Criminal Appeal

CITATION: English v R [2008] NSWCCA 134

HEARING DATE(S): 06/06/2008

JUDGMENT DATE: 20 June 2008

JUDGMENT OF: McClellan CJ at CL at 1; Simpson J at 2; Hidden J at 3

DECISION: Leave to appeal granted, appeal allowed. Sentence in District Court quashed. In lieu, applicant sentenced to non-parole of 1 year and 8 months, commencing on 30 October 2006 and expiring on 29 June 2008, and a balance of term of 6 months, commencing 30 June 2008 and expiring 29 December 2008. Direct his release on parole on 29 June 2008

CATCHWORDS: CRIMINAL LAW - application for leave to appeal against sentence - intimidation with intent to cause fear of physical harm - applicant with unfavourable criminal record, on parole at time of offence - sentence manifestly excessive, given objective circumstances of offence

Crimes (Domestic and Personal Violence) Act 2007 (s13) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 (s21A(2)(d);s47) Crimes Act (s562AB)

Veen v The Queen (No2) (1988) 164 CLR 465 CASES CITED : R v McNaughton [2006] NSWCCA 242, (2006) 66 NSWLR Callaghan v R [2006] NSWCCA 58, (2006) 160 A Crim R 145

PARTIES: Daniel Luke English (applicant) Regina (respondent)

FILE NUMBER(S): CCA 2007/3754

COUNSEL: B Rigg (applicant) N Adams (Crown)

SOLICITORS: Legal Aid Commission (applicant) Director of Public Prosecutions (respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 07/21/3072

LOWER COURT JUDICIAL OFFICER: Keleman DCJ

LOWER COURT DATE OF DECISION: 17 August 2007

IN THE COURT OF CRIMINAL APPEAL CCA 2007/3754