Mapp v Regina [2010] NSWCCA 269

New South Wales Court of Criminal Appeal

CITATION: Mapp v Regina [2010] NSWCCA 269 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 11/11/10

JUDGMENT DATE: 9 December 2010

JUDGMENT OF: Simpson J at 1; Kirby J at 16; Latham J at 73

1. Leave to appeal granted. 2. Appeal allowed in respect of Charge 1 (CAN 020), Charge 2 (CAN 004) and Count 1 (CAN 008). 3. The sentences in respect of Charge 1 (CAN 020), Charge 2 (CAN 004) and Count 1 (CAN 008) quashed and, in lieu thereof, the applicant sentenced as follows: DECISION: In respect of Charge 1 (CAN 020), including the offences on the Form 1, to a non parole period of 4 years 3 months from 10.12.10 until 9.3.15, with an additional term of 3 years expiring on 9.3.18. In respect of Charge 2 (CAN 004): The applicant is sentenced to imprisonment with a non parole period of 3 years from 10.3.10 to 9.3.13, with an additional term of 1 year 6 months expiring on 9.9.14. In respect of Count 1: To a fixed term of imprisonment of 2 years from 10.6.09 until 9.6.11. 4. All other sentences are confirmed.

CATCHWORDS: CRIMINAL LAW - aggravated break enter and steal - varous offences of theft and dishonesty - multiple Form 1 matters - appeal against sentence - whether sentence manifestly excessive - standard non parole period - whether mid range offences - accumulation - delayed commencement because parole revoked - totality - finding of special circumstances - relative youth of the offender - borderline intellectually disabled.

LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999