PTC v R [2011] NSWCCA 51

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: PTC v R [2011] NSWCCA 51 Hearing dates: 9 February 2011 Decision date: 01 April 2011 Before: McClellan CJ at [1] Buddin at [32] Schmidt at [33] Decision: 1. Leave to appeal granted and the appeal upheld. 2. Quash the sentence imposed and instead sentence the applicant to a non-parole period of 2 years and 6 months commencing on 21 December 2009 with a balance of the term of 2 years and 6 months. The applicant is eligible for release to parole on 20 June 2012 Catchwords: CRIMINAL - sentence appeal - manifest excess - proportionality with co-offender - effects of delay in sentencing - onerous custody conditions - assessment of plea discount - appeal upheld on account of delay. Cases Cited: Mill v R (1988) 1 66 CLR 59 R v Borkowski (2009) NSWCCA 102; 195 A Crim R 1 R v K (2004) NSWCCA 130 R v Todd (1982) 2 NSWLR 517 Category: Principal judgment Parties: PTC (Applicant) The Crown Representation: Counsel: S Kluss (Applicant) J Girdham (Crown) Solicitors: A W Simpson & Co (Applicant) Director of Public Prosecutions (Crown) File Number(s): 2009/7744 Decision under appeal Citation: NSWSC 834 Date of Decision: 2010-07-29 00:00:00 Before: R A Hulme J File Number(s): 2009/7744