GREER v R [2011] NSWCCA 40

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: GREER v R [2011] NSWCCA 40 Hearing dates: 3 February 2011 Decision date: 16 March 2011 Before: McClellan CJ at CL at [1] Adams J at [2] Buddin J at [36] Decision: 1 Grant leave to appeal against sentence. 2 Quash the sentence of the District Court. 3 Substitute a non-parole period to commence on 22 May 2011 and expire on 21 November 2012 with a balance of term of one year and six months to commence on 22 November 2012 and expire on 21 May 2014. Catchwords: CRIMINAL LAW - Appeal against sentence - affray - young offender - under influence of alcohol at time of offence - part of group of young persons which inflicted injuries on three victims seriously and permanently on two - offence committed in public place. SENTENCING - Guilty plea - material error - failure by judge to give full discount of 25% under s 17(1)(a) of the Criminal Case Conferencing Trial Act 2008 - sentence quashed - offence requires significant element of general deterrence - special circumstances warranting departure from statutory ratio - accumulation on sentence already being served. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 s 12 Crimes Act 1900 s 93C(1) Criminal Case Conferencing Trial Act 2008 s 17(1)(a) Cases Cited: Do v R [2010] NSWCCA 182 Lowe v The Queen (1984) 154 CLR 606 R v Eleter [2003] NSWCCA 130 R v Fajka [2004] NSWCCA 166 R v Huynh [2000] NSWCCA 18 Stevens v Regina [2007] NSWCCA 152 The Queen v De Simoni (1981) 147 CLR 383 Tran v R [2010] NSWCCA 183 Category: Principal judgment Parties: Lance Greer (Applicant) Regina (Respondent) Representation: Counsel: B J Rigg (Applicant) P Leask (Crown) Solicitors: Aboriginal Legal Service (NSW/ACT) (Applicant) S Kavanagh, Solicitor for Public Prosecutions (Crown) File Number(s): 2009/48260 Decision under appeal Date of Decision: 2010-02-18 00:00:00 Before: Knox SC DCJ File Number(s): 2009/48260