R v Blow [2010] NSWCCA 294

New South Wales Court of Criminal Appeal

CITATION: R v Blow [2010] NSWCCA 294

HEARING DATE(S): 11 August 2010

JUDGMENT DATE: 9 December 2010

JUDGMENT OF: McClellan CJatCL at 1; Hulme J at 65; Davies J at 69

1. The Crown appeal in respect of the sentences on counts 3 and 5 is allowed. 2. The sentences for counts 1, 2, 4 and 6 are affirmed. DECISION: 3. In relation to count 3 the sentence is quashed and in lieu thereof the respondent is sentenced to a fixed term of 4 years to commence on 20 January 2010 and expire on 19 January 2014. 4. In relation to count 5, having regard to matters as to the Form 1, the sentence is quashed and in lieu thereof the respondent is sentenced to a non-parole period of 5 years to commence on 20 January 2012 and expire on 19 January 2017 with a balance of term of 3 years to commence on 20 January 2017 and expire on 19 January 2020. The aggregate non-parole period is 8 years with a total term of 11 years imprisonment.

CATCHWORDS: CRIMINAL LAW - whether sentences were both individually and cumulatively so inadequate that appellate intervention required - sentencing considerations of persons with particularly disadvantaged and deprived background - application of specific deterrence of particular significance in sentencing exercise

LEGISLATION CITED: Criminal Appeal Act 1912 (NSW) Crimes Act 1900 (NSW)

CATEGORY: Principal judgment

Mill v R [1988] HCA 70; (1988) 166 CLR 59 Pearce v R [1998] HCA 57; (1998) 194 CLR 610 R v Ah-See [2004] NSWCCA 202 CASES CITED : R v Fernando (1992) 76 A Crim R 58 R v Henry [1999] NSWCCA 111; (1999) 46 NSWLR 346 R v Newman [2004] NSWCCA 102 R v Ponfield [1999] NSWCCA 435; (1999) 48 NSWLR 327 Re: Attorney-General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (NSW) [2002] NSWCCA 518; (2002) 56 NSWLR 146