COUCH-CLARKE v REGINA; REGINA v COUCH-CLARKE [2010] NSWCCA 288

New South Wales Court of Criminal Appeal

CITATION: COUCH-CLARKE v REGINA; REGINA v COUCH-CLARKE [2010] NSWCCA 288

HEARING DATE(S): Tuesday 31 August 2010

JUDGMENT DATE: 8 December 2010

JUDGMENT OF: Macfarlan JA at 1; Simpson J at 2; Hall J at 3

(1) The sentences imposed by the District Court on 26 August 2009 be set aside. (2) That the applicant be re-sentenced in respect of Counts 1, 2, 3, 4 and 5 as follows:- (a) In respect of the offence under s.114(1)(d) of the Crimes Act 1900 (Count 1 – enter building with intent to assault), the respondent is sentenced to a fixed term of 9 months imprisonment to commence on 26 August 2009 and to expire on 25 May 2010. (b) In respect of the offence under s.59(1) of the Crimes Act (Count 2 – assault occasioning actual bodily harm), the respondent is sentenced to a fixed term of 12 months imprisonment to commence on 26 August 2009 and to expire on 25 August 2010. DECISION: (c) In respect of the offence under s.95(1) of the Crimes Act (Count 3 – aggravated assault with intent to rob), the respondent is sentenced to a fixed term of 6 months imprisonment to commence on 26 February 2010 and to expire on 25 August 2010. (d) In respect of the further offence under s.95(1) of the Crimes Act (Count 4 – aggravated assault with intent to rob), the respondent is sentenced to a fixed term of 6 months imprisonment to commence on 26 August 2009 and to expire on 25 February 2010. (e) In respect of the offender under s.95(1) of the Crimes Act (Count 5 – aggravated robbery), the applicant/respondent is sentenced to a non-parole period of 2 years and 6 months to commence on 26 August 2010 and to expire on 25 February 2013 with a balance of term of 12 months to commence on 26 February 2013 and to expire on 25 February 2014. (3) The overall aggregate sentence is one of 4 years and 6 months with overall non-parole period of 3 years and 6 months. (4) Accordingly, the first date upon which the applicant/respondent will be eligible for release on parole will be on 25 February 2013.