Daniel FORBES v R [2009] NSWCCA 292

New South Wales Court of Criminal Appeal

CITATION: Daniel FORBES v R [2009] NSWCCA 292

HEARING DATE(S): 26 June 2009

JUDGMENT DATE: 17 December 2009

JUDGMENT OF: McClellan CJatCL at 1; Hidden J at 2; McCallum J at 67

DECISION: As to sentence on count 1, leave to appeal granted but appeal dismissed. As to sentence on count 2, leave to appeal granted and appeal allowed. Applicant re-sentenced to a non-parole period of 18 months, commencing on 20 March 2007 and expiring on 19 September 2008, and a balance of term of 6 months, commencing on 20 September 2008 and expiring on 19 March 2009.

CATCHWORDS: CRIMINAL LAW - application for leave to appeal against sentence - aggravated break, enter and steal - facilitate boat rebirthing - Form 1 matters - boat rebirthing charge carrying standard non-parole period - fixed term not valid for that offence - judge's approach to standard non-parole period for aggravated break, enter and steal - assessment of applicant's role in joint criminal enterprise - parity with sentence of co-offender - whether sentences manifestly excessive

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

CATEGORY: Principal judgment

SGJ & KU v R [2008] NSWCCA 258 R v Way [2004] NSWCCA 131, 60 NSWLR 168 Marshall v R [2007] NSWCCA 24 R v Goundar [2001] NSWCCA 198, 127 A Crim R 331 CASES CITED : R v Breedon (CCA, unreported, 3 December 1992) R v DBN [2005] NSWCCA 435 Douglas v R [2006] NSWCCA 94 R v Lenthall [2004] NSWCCA 248 R v Guthrie [2002] NSWCCA 77 R v Ceissman [2004] NSWCCA 466