R v Glyn Morgan JONES; R v Anthony Joseph Luis HILI [2010] NSWCCA 108

Reported Decision: 76 ATR 249 Appeal Outcome: Referred to an enlarged Full Court by the High Court (s142/2010 & s143/2010), 30 July 2010, [2010] HCATrans 194

New South Wales Court of Criminal Appeal

CITATION: R v Glyn Morgan JONES; R v Anthony Joseph Luis HILI [2010] NSWCCA 108 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 31 March 2010

JUDGMENT DATE: 14 May 2010

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

In relation to Anthony Joseph Luis Hili: (i) Appeal allowed; (ii) The sentence imposed by the District Court, in this matter, on 13 November 2009, is set aside; (iii) In lieu of the sentence imposed, for the contravention of s 134.2(1) of the Criminal Code Act 1995 (Cth), Mr Hili is sentenced to a term of imprisonment of 3 years to commence on 13 November 2009, to be released after 18 months upon entering into a recognizance release order pursuant to s 20(1)(b) Crimes Act 1914 (Cth), self surety in the sum of $1,000, to be of good behaviour for the balance of the sentence and to appear to receive sentence if called upon to do so at any time in respect of any breach within the said period.

DECISION: In relation to Glyn Morgan Jones: (i) Appeal allowed in part and otherwise dismissed; (ii) The sentences imposed by the District Court, in this matter, on 13 November 2009, for the contravention of s 29D of the Crimes Act 1914 (Cth) and s 134.2(1) of the Criminal Code Act 1995, are set aside; (iii) In lieu of the sentence imposed, (a) For the contravention of s 29D of the Crimes Act 1914 (Cth), Mr Jones is sentenced to a fixed term of imprisonment of 12 months to commence on 13 November 2009; (b) For the contravention of s 134.2(1) of the Criminal Code Act 1995 (Cth), Mr Jones is sentenced to a term of imprisonment of 2 years and 6 months to commence on 13 May 2010; (c) Mr Jones is to be released after 18 months' imprisonment, namely, on 13 May 2011, upon entering into a recognizance release order pursuant to s 20(1)(b) Crimes Act 1914 (Cth), self surety in the sum of $1,000, to be of good behaviour for the balance of the sentence and to appear to receive sentence and if called upon to do so at any time in respect of any breach within the said period.