LJ v Regina [2010] NSWCCA 289

New South Wales Court of Criminal Appeal

CITATION: LJ v Regina [2010] NSWCCA 289 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 25 November 2010

JUDGMENT DATE: 10 December 2010

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

1. Application for leave is granted and the appeal is allowed. DECISION: 2. The sentence imposed in the District Court is quashed. 3. In lieu, the applicant is convicted and sentenced to a term of imprisonment of 18 months which is to consist of a non-parole period of 12 months which commenced on 18 February 2010 and expires on 17 February 2011 and a balance of term of 6 months commencing on 18 February 2011 and expiring on 17 August 2011. The applicant is to be released on parole on 17 February 2011.

CATCHWORDS: CRIMINAL LAW - sentencing - Criminal Case Conferencing Trial Act - material error - re-sentence

Crimes Act 1900 s 61J(1), 61M(1), 61N(1) LEGISLATION CITED: Criminal Case Conferencing Trial Act 2008 s 17 Crimes (Sentencing Procedure) Act s 21A(2)(b), 21A(2)(k), 21A(3)(b), 21A(3)(e), 21A(3)(f), 21A(3)(i), 21A(3)(g), 21A(3)(h) Criminal Appeal Act 1912 s 6(3)

CATEGORY: Principal judgment

Blanco v R [1999] NSWCCA 121 Do v R [2010] NSWCCA 182 Donaczy v R [2010] NSWCCA 143 Georgopolous v R [2010] NSWCCA 246 R v Blackman and Walters [2001] NSWCCA 121 R v Borkowski [2009] NSWCCA 102 CASES CITED : R v FV [2006] NSWCCA 237 R v H [2005] NSWCCA 282 R v MJR (2002) 130 A Crim R 481 R v Thomson; R v Houlton (2000) 49 NSWLR 383 R v Way (2004) 60 NSWLR 168 Sivell v R [2009] NSWCCA 286 Tran v R [2010] NSWCCA 183