R v Darren James Sotheren [2011] NSWCCA 68

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Darren James Sotheren [2011] NSWCCA 68 Hearing dates: 7 December 2010 Decision date: 11 April 2011 Before: McClellan CJ at CL [1] McCallum J [2] R A Hulme J [45] Decision: Appeal allowed; sentence quashed; in lieu thereof, applicant sentenced to a term of imprisonment with a non-parole period of two years commencing on 1 January 2010 and expiring on 31 December 2011 and a balance of term of one year and nine months expiring on 30 September 2013. Catchwords: CRIMINAL LAW - sentence - whether sentencing judge wrongly took into account factors irrelevant to assessment of objective seriousness of offence - whether judge failed to take into account the fact that the applicant could have been sentenced in the Local Court - whether sentence manifestly excessive - appeal allowed Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Crimes (Administration of Sentences) Act 1999 Criminal Case Conferencing Trial Act 2008 Cases Cited: Re Attorney General's Application No. 1 (Ponfield) (1999) 48 NSWLR 327 R v Dodd [1991] 57 A Crim R 349 at 354 Morrison v R [2009] NSW CCA 211 R v Palmer [2005] NSWCCA 349 at [14] - [15]. R v Sotheren [2001] NSWCCA 425 at [57] Category: Principal judgment Parties: Darren James SOTHEREN v REGINA Representation: Counsel: R Burgess for the Applicant J Pickering for the Crown Solicitors: S O'Connor (Legal Aid Commission) for the Applicant S Kavanagh - Solicitor for Public Prosecutions File Number(s): 2009/8167 Decision under appeal Date of Decision: 2009-09-09 00:00:00 Before: Bennett DCJ File Number(s): CCA 2009/8167