Hinchcliffe v R [2010] NSWCCA 306

New South Wales Court of Criminal Appeal

CITATION: Hinchcliffe v R [2010] NSWCCA 306

HEARING DATE(S): 30 November 2010

JUDGMENT DATE: 10 December 2010

JUDGMENT OF: Simpson J at 1; Blanch J at 69; RA Hulme J at 70

(i) leave to appeal granted; (ii) appeal allowed; DECISION: (iii) the applicant be re-sentenced as follows: (a) on each of counts 3 to 6: imprisonment made up of a non-parole period of 2 years commencing on 6 January 2010 and expiring on 5 January 2012 with a balance of term of 1 year expiring on 5 January 2013; (b) Count 2 (taking into account the Form 1 offence): imprisonment made up of a non-parole period of 2 years commencing on 6 January 2012 and expiring on 5 January 2014 with a balance of term of 2 years and 6 months expiring on 5 July 2016.

CATCHWORDS: CRIMINAL LAW – particular offences – property offences – receiving stolen property – possession of housebreaking implements – CRIMINAL LAW – particular offences – drug offences – supply prohibited drug (prescription drugs) – CRIMINAL LAW – leave to appeal against sentence – principle of double jeopardy – failure properly to assess objective seriousness (receiving offence) – failure properly to assess objective seriousness (supply prohibited drug offence) – failure to give effect to finding of special circumstances – no error established – CRIMINAL LAW – appeal against severity of sentence – individual sentences not manifestly excessive – extent of accumulation of sentences excessive – applicant re-sentenced

Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Crimes Act 1900 Drug Misuse and Trafficking Act 1985

CATEGORY: Principal judgment