R v Carroll, Carroll v R [2010] NSWCCA 55

Reported Decision: 267 ALR 57[2010] ALMD 5842[2010] ALMD 566477 NSWLR 45[2010] ALMD 5663[2010] ALMD 5564239 FLR 11200 A Crim R 284

New South Wales Court of Criminal Appeal

CITATION: R v Carroll, Carroll v R [2010] NSWCCA 55

HEARING DATE(S): 10 July & 9 December 2009

JUDGMENT DATE: 1 April 2010

JUDGMENT OF: Spigelman CJ at 1; Allsop P at 2; Kirby J at 70; Howie J at 71; Johnson J at 2

1. Orders already made on 9 December 2009: 1. Allow the Crown appeal. 2. Quash the sentence imposed by the District Court on 24 April 2008. 3. In lieu thereof, impose a sentence of imprisonment for 18 months to commence 9 December 2009. DECISION: 4. Order that the execution of the sentence be suspended for 18 months upon Mr Carroll entering upon a bond to be of good behaviour for a period of 18 months pursuant to the Crimes (Sentencing Procedure) Act 1999, s 12. 5. Application by Mr Carroll for leave to appeal against sentence refused. 2. Grant leave to amend the Crown's notice of appeal insofar as it was sought to add grounds 1, 2 and 3. 3. Refuse leave to amend the Crown's notice of appeal and insofar as it was sought to add grounds 4, 5 and 6. 4. Amend order 3 made on 9 December 2009 by removing the words "to commence 9 December 2009".

CATCHWORDS: CRIMINAL LAW - Sentencing - manslaughter - Crown appeal - double jeopardy - meaning of s 68A Crimes (Appeal and Review) Act 2001 - Constitutional validity of Crimes (Appeal and Review) Act 2001, s 68A - manifestly inadequate sentence - resentencing - objective seriousness of the offence - head butt causing death - general deterrence - alcohol-fuelled violence