R v JW [2010] NSWCCA 49

Reported Decision: 199 A Crim R 48677 NSWLR 7

New South Wales Court of Criminal Appeal

CITATION: R v JW [2010] NSWCCA 49 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 9 December 2009

JUDGMENT DATE: 22 March 2010

JUDGMENT OF: Spigelman CJ at 1; Allsop P at 205; McClellan CJatCL at 206; Howie J at 206; Johnson J at 206

1 Leave granted to amend the notice of appeal by adding the grounds set out in par [38] hereof. 2 Quash the sentence on Count 2 imposed by North DCJ on 21 August 2009. 3 On Count 2, the respondent is sentenced to a term of imprisonment of two years. DECISION: 4 The sentence in Order 3 is suspended, pursuant to s 12 of the Crimes (Sentencing Procedure) Act upon the respondent entering into a bond for two years · to be of good behaviour during the period of the bond · to place himself under the supervision of the New South Wales Department of Juvenile Justice and obey any reasonable conditions imposed upon him by the Department, including conditions as to education or employment · to appear before the Supreme Court of New South Wales if called upon to do so at any time · to advise the Registrar of the Criminal Listing Directorate of any change of residential address

CATCHWORDS: CRIMINAL LAW – appeal against sentence – appeals by Crown – procedure – requirement for the Crown to expressly state grounds in notice of appeal - CRIMINAL LAW – appeal against sentence – appeals by Crown – s 68A of the Crimes (Appeal and Review) Act 2001 – removal of double jeopardy as a principle of re-sentencing - CRIMINAL LAW – appeal against sentence – appeals by Crown – exercise of discretion – s 68A of the Crimes (Appeal and Review) Act 2001 – removal of double jeopardy element – residual discretion to reject a Crown appeal - CRIMINAL LAW – appeal against sentence – appeals by Crown – s 68A of the Crimes (Appeal and Review) Act 2001 – frequency of Crown appeals as a sentencing principle in individual cases – the rarity principle - CRIMINAL LAW – appeal against sentence – grounds for interference – parity between co-offenders carrying out a joint-criminal enterprise - CRIMINAL LAW – appeal against sentence – grounds for interference – sentence manifestly excessive or inadequate.