JMS v R [2010] NSWCCA 229

New South Wales Court of Criminal Appeal

CITATION: JMS v R [2010] NSWCCA 229

HEARING DATE(S): 8 September 2010

JUDGMENT DATE: 8 October 2010

JUDGMENT OF: Hodgson JA at 1; Price J at 50; Fullerton J at 51

(1) Leave to appeal granted. DECISION: (2) Appeal allowed. (3) Sentences below quashed and in lieu thereof order that the applicant be sentenced to imprisonment on count 1 for three and a half years commencing on 14 October 2009, expiring on 13 April 2013, with a non-parole period of eighteen months commencing 14 October 2009 and expiring on 13 April 2011; and on count 2, to imprisonment for three and a half years commencing 14 April 2010 and expiring on 13 October 2013, with a non-parole period of eighteen months commencing 14 April 2010 and expiring on 13 October 2011.

CATCHWORDS: CRIMINAL LAW – Application for leave to appeal against sentence – Parity – Assistance to authorities – Whether appropriate recognition given to assistance.

LEGISLATION CITED: Criminal Appeal Act 1912 s 5DA, s 6(3)

CATEGORY: Principal judgment

R v Clarke (Court of Criminal Appeal, unreported, 15 March 1990) R v Bourchas [2002] NSWCCA 373; (2002) 133 A Crim R 413 CASES CITED : R v Fernando (1992) 76 A Crim R 58 R v Henry [1999] NSWCCA 111; (1999) 46 NSWLR 346 R v Tulloh (Court of Criminal Appeal, unreported, 16 September 1993) Pearce v The Queen [1998] HCA 57; (1998) 194 CLR 610

PARTIES: JMS (applicant) Regina (respondent)

FILE NUMBER(S): CCA 2009/7694

COUNSEL: J STRATTON SC (applicant) J PICKERING (Crown)

SOLICITORS: Legal Aid Commission of NSW (applicant) Director of Public Prosecutions (Crown)