TM v REGINA [2008] NSWCCA 158

New South Wales Court of Criminal Appeal

CITATION: TM v REGINA [2008] NSWCCA 158

HEARING DATE(S): Wednesday 21 May 2008

JUDGMENT DATE: 14 July 2008

JUDGMENT OF: James J at 1; Hoeben J at 2; Hall J at 3

(1) Application for leave to appeal granted. (2) The appeal is allowed, in part. (3) An order under s.19(1), Children (Criminal Proceedings) Act, that the applicant serve the sentence imposed under orders (5) and (7) below and the sentences imposed by the District Court in respect of Counts 3 and 4 as a juvenile offender. (4) That the sentence imposed in respect of Count 2 be set aside. DECISION: (5) That, in respect of Count 2, the applicant be sentenced to a period of three years and six months commencing on 2 November 2006 and expiring on 1 May 2010 with a balance of term of three years and three months to expire on 1 August 2013. (6) That the sentence imposed in respect of Count 1 be set aside. (7) That, in respect of Count 1, the applicant be sentenced to a fixed term of three years and six months commencing 2 November 2006 and expiring 1 May 2010. (8) That the sentence imposed by the District Court in respect of Counts 3 and 4, and the sentence imposed by this Court in respect of Count 1, be wholly concurrent with the sentence of this Court imposed in respect of Count 2. (9) Accordingly the date on which the applicant will become eligible for parole will be 1 May 2010.

CATCHWORDS: CRIMINAL LAW – SENTENCING – appeal against severity of sentence – applicant pleaded guilty to four offences under Crimes Act 1900 – offence in midrange of objective seriousness – juvenile offender – immaturity as a significant factor in the commission of the offence – sentence held manifestly excessive