MW v R [2010] NSWCCA 324

New South Wales Court of Criminal Appeal

CITATION: MW v R [2010] NSWCCA 324

HEARING DATE(S): 10 December 2010

JUDGMENT DATE: 17 December 2010

JUDGMENT OF: Simpson J at 1; Blanch J at 64; Garling J at 68

(i) leave to appeal granted, the appeal allowed, the sentence imposed on 15 January 2010 quashed; DECISION: (ii) in lieu thereof, the applicant be sentenced to imprisonment for 2 years and 9 months, commencing on 25 August 2009 and expiring on 24 May 2012, made up of a non-parole period of 1 year and 6 months, expiring on 24 February 2011, and a balance of term of 15 months. (iii) direct the release of the applicant at the expiration of the non-parole period.

CATCHWORDS: CRIMINAL LAW – particular offences – offences against the person – aggravated robbery with wounding - CRIMINAL LAW – appeal against sentence – delay between offence and sentence – applicant subject to sentence imposed in Local Court in respect of other offence – period of custody previously served not taken into account – successful appeal to District Court after further sentence imposed – appellant re-sentenced – impact of re-sentence on commencement date – accumulation of sentences – offender a child at the time of offending – relevant sentencing factor – appeal allowed, applicant re-sentenced - CRIMINAL LAW – appeal against severity of sentence – failure to take into account relevant circumstances – voluntary disclosure of offence – entitlement to application of principles stated in R v Ellis – entitlement to application of principles stated in R v Fernando – steps taken by offender towards rehabilitation – greater reduction in sentence warranted

Children (Criminal Proceedings) Act 1987 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Criminal Appeal Act 1912