CHOMPEAY v REGINA [2011] NSWCCA 96

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: CHOMPEAY v REGINA [2011] NSWCCA 96 Hearing dates: Tuesday 19 April 2011 Decision date: 21 April 2011 Before: Basten JA at 1 R S Hulme J at 9 Hall J at 11 Decision: (1) That the time for the application for leave to appeal against sentence be granted. (2) That the sentences of the District Court be set aside. (3) That the applicant be re-sentenced as follows:- (a) Count 1: In relation to Count 1, the applicant is sentenced to a non-parole period of 3 years and 9 months to commence on 10 August 2008 and to expire on 9 May 2012 and a balance of term of 1 year and 3 months to expire on 9 August 2013. (b) Count 2: In relation to Count 2, the applicant is sentenced to a fixed term of 2 years and 4 months to commence on 10 August 2008 and to expire on 9 December 2010. Catchwords: APPEAL - criminal - sentencing - failure to apply statutory reduction for plea of guilty - Criminal Case Conference Trial Act 2008 (NSW), s 17(1)(a).

APPEAL - criminal - sentencing - whether appeal court required to exercise whole sentencing discretion afresh once intervention required - whether exercise limited to specific point raised by applicant - Criminal Appeal Act 1912 (NSW), s 6(3).

APPEAL - criminal - sentencing - variation of sentences of co-offenders on appeal - whether similar variation of applicant's sentence required. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Criminal Case Conferencing Trial Act 2008 Firearms Act 1996 Weapons Prohibition Act 1998 Cases Cited: Do v R [2010] NSWCCA 182 Douar v Regina [2005] NSWCCA 455 Greer v R [2010] NSWCCA 40 LJ v R [2010] NSWCCA 289 Tran v R [2010] NSWCCA 183 Category: Principal judgment Parties: CHOMPEAY, Kim v REGINA Representation: Counsel: C: V Lydiard A: B Rigg Solicitors: C: S Kavanagh A: C Hunter File Number(s): 2009/3282 Decision under appeal Date of Decision: 2009-06-19 00:00:00 Before: King DCJ File Number(s): 2009/3282