Barton v R [2009] NSWCCA 285

New South Wales Court of Criminal Appeal

CITATION: Barton v R [2009] NSWCCA 285

HEARING DATE(S): 23 November, 2009

JUDGMENT DATE: 4 December 2009

JUDGMENT OF: Macfarlan JA at 1; Blanch J at 2; Howie J at 20

DECISION: Appeal against conviction which was abandoned be dismissed. Leave to appeal against sentence for offence of do act with intent to pervert the course of justice be granted but the appeal be dismissed. Leave to appeal against the sentence for malicious wounding be granted but the appeal be dismissed. Leave to appeal against sentence imposed in respect of count of break and enter with intent be granted. Quash sentence imposed and instead applicant sentenced to non-parole period of 12 months to date from 29 July, 2010 and balance of term of 2 years. Order his release to parole on 29 July, 2011. The effect of that sentence is the same as the sentence imposed in the District Court, namely a non-parole period of 3 years and 9 months with a total term of 5 years and 9 months.

CATCHWORDS: CRIMINAL LAW - sentence - agreed statement of facts - aggravating circumstances

LEGISLATION CITED: Crimes Act (NSW) 1900, s113(1), s319, s35(1)(a), s112, s105A, s114 Criminal Appeal Act 1912, s6(3)

CATEGORY: Principal judgment

The Queen v De Simoni (1981) 147 CLR 383 R v Palu [2002] NSWCCA 381; 134 A Crim R 174 CASES CITED : R v Overall (1993) 71 A Crim R 170 R v Bakewell (unreported NSWCCA 27 June 1996) R v Lardner (unreported NSWCCA 10 September 1998)

PARTIES: Jake Robert Barton (Applicant) Regina (Respondent)

FILE NUMBER(S): CCA 2008/5885

COUNSEL: A Francis (Applicant) V Lydiard (Respondent)