Flynn v R [2010] NSWCCA 171

New South Wales Court of Criminal Appeal

CITATION: Flynn v R [2010] NSWCCA 171 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 27 July 2010

JUDGMENT DATE: 6 August 2010

JUDGMENT OF: Allsop P at 1; Price J at 6; McCallum J at 58

DECISION: (i) Leave to extend time to appeal be granted. (ii) Leave to appeal be granted. (iii) Quash the dates of the commencement and expiration of the sentence imposed by Geraghty DCJ on charge 6 being a charge of break, enter and steal on 12 July 2006 contrary to s 112(1) Crimes Act. (iv) Sentence the applicant to imprisonment with a non-parole period of 2 years 3 months to commence 12 September 2009 and to expire on 11 December 2011 with a balance of term of 1 year 3 months expiring on 11 March 2013 for charge 6. (v) Quash the sentence imposed by Geraghty DCJ on charge 8 being a charge of using an offensive weapon, namely a motor vehicle, to prevent lawful detention on 13 July 2006 contrary to s 33B Crimes Act. (vi) Sentence the applicant to imprisonment with a non-parole of 18 months to commence 12 August 2010 and to expire 11 February 2012 with a balance of term of 2 years to expire 11 February 2014 for charge 8. The total effective sentence is imprisonment with a non-parole period of 5 years 5 months commencing 12 September 2006 and expiring on 11 February 2012, with a balance of term of 2 years expiring on 11 February 2014. The earliest date the applicant is eligible to be released on parole is 11 February 2012.

CATCHWORDS: CRIMINAL LAW - sentencing - whether sentences manifestly excessive - whether adequate regard to health problems - whether finding of special circumstances reflected in total effective sentence - whether compensation should have been ordered - offences committed whilst on parole and as an escapee