Melbom v Regina [2011] NSWCCA 22

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Melbom v Regina [2011] NSWCCA 22 Hearing dates: 2 September 2010 Decision date: 28 February 2011 Before: Macfarlan JA Simpson J Hall J Decision: (1) An order for the extension of time in which to apply for leave to appeal against sentence be granted. (2) Leave to appeal in respect of the sentences imposed be granted. (3) The appeal be dismissed. Catchwords: SENTENCING IN RESPECT OF MULTIPLE OFFENCES - (nine offences - Crimes Act 1900, Criminal Code Act 2005, Firearms Act 1996) - application of principles of totality and proportionality - offences committed on same day not to be treated as part of one enterprise - each offence was objectively serious - concurrency and accumulation of sentences - principles correctly applied - sentences individually and in combination not manifestly excessive - appeal against sentences dismissed Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Criminal Code Act 2005 (Cth) Firearms Act 1996 Cases Cited: Attorney General's Application under s.37 of the Crimes (Sentencing Procedure) Act 1999 (No 1 of 2002) (2002) 56 NSWLR 146 Cahyadi v Regina (2007) 168 A Crim R 41 Johnson v The Queen (2004) 78 ALJR 616 Nguyen v Regina [2007] NSWCCA 14 Pearce v The Queen (1998) 194 CLR 610 Postiglione v The Queen (1997) 189 CLR 295 Regina v De Simoni (1981) 147 CLR 383 Regina v Holder (1983) 3 NSWLR 245 Regina v Merrin [2007] NSWCCA 255