Rose v R [2010] NSWCCA 166

New South Wales Court of Criminal Appeal

CITATION: Rose v R [2010] NSWCCA 166

HEARING DATE(S): 25 May 2010

JUDGMENT DATE: 6 August 2010

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

1. Leave to appeal is granted. 2. The sentences on each of the four counts are quashed. 3. In lieu thereof the following sentences are imposed: DECISION: (i) In respect of count 1, a term of imprisonment of 2 years and 3 months is imposed comprising a non-parole period of 18 months to date from 4 March 2009 and to expire on 3 September 2010 with a balance of term of 9 months to expire on 3 June 2011. (ii) In respect of count 2, a term of imprisonment of 2 years and 3 months is imposed comprising a non-parole period of 18 months to date from 4 May 2009 and to expire on 3 November 2010 with a balance of term of 9 months to expire on 3 August 2011. (iii) In respect of count 3, a term of imprisonment of 2 years and 3 months is imposed comprising a non-parole period of 18 months to date from 4 July 2009 and to expire on 3 January 2011 with a balance of term of 9 months to expire on 3 October 2011. (iv) In respect of count 4, a fixed term of 12 months is imposed to date from 4 July 2009 and to expire on 3 July 2010. 4. The total sentence is a term of imprisonment of 2 years and 7 months comprised of a non-parole period of 1 year and 10 months and a balance of term of 9 months. The applicant will be eligible for parole on 3 January 2011.

CATCHWORDS: CRIMINAL LAW - appeal against sentence - aid and abet drive manner dangerous occasioning death - aid and abet drive manner dangerous occasioning grievous bodily harm - guilty pleas entered - whether sentencing judge erred by failing to give effect to finding of special circumstances - whether sentencing judge erred in assessment of aggravating features of offences - whether sentences manifestly excessive - significance of applicant's intellectual disabilities in calculation of sentence