Baleiovalau v R [2009] NSWCCA 153

New South Wales Court of Criminal Appeal

CITATION: Baleiovalau v R [2009] NSWCCA 153

HEARING DATE(S): 19 May 2009

JUDGMENT DATE: 29 May 2009

JUDGMENT OF: Hodgson JA at 1; Buddin J at 2; Price J at 3

DECISION: 1. Leave to appeal against sentence granted 2. Appeal dismissed

CATCHWORDS: CRIMINAL LAW - SENTENCING - parity - offence on Form 1 - totality - overall effective sentence - consideration of sentence being served

LEGISLATION CITED: Crimes Act 1900 s 97(2)

CATEGORY: Principal judgment

Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 Callaghan v R (2006) 160 A Crim R 145 CASES CITED : Pearce v The Queen (1998) 194 CLR 610 Postiglione v The Queen (1997) 189 CLR 295 R v Kollas and Mitchell [2002] NSWCCA 491 The Queen v Hoar (1981) 148 CLR 32

PARTIES: Tomu Baleiovalau (Applicant) Crown (Respondent)

FILE NUMBER(S): CCA 2007/4742

COUNSEL: Ms A Francis (Applicant) Ms D Woodburne SC (Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 06/11/0488

LOWER COURT JUDICIAL OFFICER: Tupman DCJ

LOWER COURT DATE OF DECISION: 30 August 2007

IN THE COURT OF CRIMINAL APPEAL 2007/4742

HODGSON JA BUDDIN J PRICE J

29 May 2009 BALEIOVALAU v R Judgment 1 HODGSON JA: I agree with Price J. 2 BUDDIN J: I agree with Price J. 3 PRICE J: The applicant, Tomu Baleiovalau, seeks leave to appeal against the severity of the sentences imposed upon him by Tupman DCJ in the District Court at Penrith on 30 August 2007. He had pleaded guilty in the District Court on 24 January 2007 to three counts on an indictment which were as follows: