Jackson v R [2010] NSWCCA 162

New South Wales Court of Criminal Appeal

CITATION: Jackson v R [2010] NSWCCA 162

HEARING DATE(S): 27 May 2010

JUDGMENT DATE: 23 August 2010

JUDGMENT OF: McClellan CJatCL at 1; Simpson J at 2; Fullerton J at 3

1. Leave to appeal against sentence is granted. DECISION: 2. Sentences imposed on the Kirribilli (CAN H29495712/3), Kings Park (CAN H28259554/2), Redfern (CAN H28630909/1) and Glenbrook (CAN H25170917/2) offences are affirmed. 3. The sentence for the Doonside offence (CAN H28032523/13) is quashed and in lieu thereof a sentence is imposed comprising a non-parole period of 4 years and 6 months to commence on 26 September 2008 and to expire on 25 March 2013 with a balance of term of 3 years to expire on 25 March 2016. 4. The effective sentence is a non-parole period of 6 years and 6 months commencing on 26 September 2006 and expiring on 25 March 2013 with a balance of term of 3 years to expire on 25 March 2016.

CATCHWORDS: CRIMINAL LAW - appeal against sentence - offences against the person - property offences - circumstances of aggravation - Form 1 offences - whether sentencing judge erred by failing to give proper effect to finding of special circumstances - risk of institutionalisation

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

CATEGORY: Principal judgment

Pearce v R [1998] HCA 57; 194 CLR 610 R v Dorsett [2002] NSWCCA 326 R v Gordon [2004] NSWCCA 45 R v Hooper [2004] NSWCCA 10 R v LWP [2003] NSWCCA 215 CASES CITED : R v Lemene [2001] NSWCCA 5; 118 A Crim R 131 R v Nykolyn [1999] NSWCCA 39 R v SJD [2004] NSWCCA 182 R v Street [2005] NSWCCA 139 R v Taufua [2001] NSWCCA 411 Watts v R [2007] NSWCCA 153