Holloway v Regina [2011] NSWCCA 23

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Holloway v Regina [2011] NSWCCA 23 Hearing dates: Thursday 25 November 2010 Decision date: 28 February 2011 Before: James J Hall J Price J Decision: (1) Leave to proceed on the notice of application for leave to appeal filed out of time on 19 August 2010 be granted. (2) Leave to appeal granted. (3) Appeal be dismissed. Catchwords: APPEAL OUT OF TIME - guilty plea not entered at earliest opportunity - 15% discount reasonable for seriousness of offence - no finding in favour of rehabilitation - aggravation for being on conditional liberty - racially motivated assaults - strong deterrence - general and specific deterrence - longer than normal parole to enhance rehabilitation - violent offences part of one course of conduct - concurrent - drug offences separate - new provisions of s 35 Crimes Act 1900 are new offences - error regarding non-parole period not material - offences not manifestly excessive Legislation Cited: Crimes Act 1900 Crimes Amendment Act 2007 Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Cases Cited: Regina v Borkowski [2009] NSWCCA 102 Regina v Harmouche (2005) 158 A Crim R 357 Category: Principal judgment Parties: WARREN HOLLOWAY v REGINA Representation: Counsel: C: F Veltro A: W Hunt Solicitors: C: S Kavanagh A: S E O'Connor File Number(s): 2008/11482 Decision under appeal Date of Decision: 2009-08-21 00:00:00 Before: English DCJ File Number(s): 2008/11482