COLLINS, Marcus Shane v R [2010] NSWCCA 13

New South Wales Court of Criminal Appeal

CITATION: COLLINS, Marcus Shane v R [2010] NSWCCA 13

HEARING DATE(S): 4 February 2010

JUDGMENT DATE: 22 February 2010

JUDGMENT OF: McClellan CJatCL at 1; Howie J at 2; Harrison J at 3

1. Grant leave to appeal against sentence. 2. Allow the appeal. 3. Quash the sentences imposed upon the applicant by his Honour Nield DCJ on 12 September 2008 and in lieu thereof sentence the applicant as follows: (1) Common assault committed on 15 May 2007 – imprisonment for 6 months from 23 June 2007 to 22 December 2007. DECISION: (2) Common assault committed 9, 10 June 2007 – imprisonment for 4 months from 23 December 2007 to 22 April 2008. (3) Common assault committed 9, 10 June 2007 - imprisonment for 4 months from 23 April 2008 to 22 August 2008. (4) Malicious damage to property committed on 9, 10 June 2007 – imprisonment for 2 months from 23 August 2008 to 22 October 2008. (5) Malicious damage to property committed on 23 June 2007 – imprisonment for 2 months from 23 October 2008 to 22 December 2008. (6) Intimidation committed on 23 June 2007 – imprisonment for 1 year and 6 months with a non-parole period of 1 year and 2 months from 23 December 2008 to 22 February 2010 and a parole period of 4 months from 23 February 2010 to 22 June 2010. The applicant's total effective sentence therefore is 3 years commencing on 23 June 2007 and expiring on 22 June 2010. The total non-parole period is 2 years and 8 months commencing on 23 June 2007 and expiring on 22 February 2010. The applicant will become eligible for release on 22 February 2010.

CATCHWORDS: CRIMINAL LAW – appeal against sentence – common assault, malicious damage and intimidation whether fact that all of the charges could have been dealt with in the Local Court was taken into account– whether the sentencing judge failed to assess properly, or at all, the objective seriousness of any of the offences that had been the subject of pleas of guilty in the Local Court – whether the sentences are manifestly excessive – appeal against sentence allowed.