Wu v R [2011] NSWCCA 102

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Wu v R [2011] NSWCCA 102 Hearing dates: 8 February 2011 Decision date: 04 May 2011 Before: Giles JA at [1], RS Hulme J at [61], Adams J at [62] Decision: (1) Grant leave to appeal. (2) Appeal allowed. (3) Set aside the sentence imposed for the Collectors Tavern robbery and in lieu thereof sentence the applicant to imprisonment for a non-parole period of 3 years commencing on 25 June 2009 with a balance of term of 1 year and 6 months. (4) Set aside the sentence imposed for the Buckland Hotel robbery and in lieu thereof sentence the applicant to imprisonment for a non-parole period of 6 months commencing on 25 December 2011 with a balance of term of 2 years and 6 months. Catchwords: CRIMINAL LAW - Sentence appeal - sentencing for multiple offences in 2010 - had been sentenced in 2004 for offence part of same course of criminal conduct - no prosecutorial delay - effect of totality principles on 2010 sentencing - failure to volunteer commission of offences does not deprive offender of totality considerations - totality principles applicable although delay not caused by interstate element or conduct of criminal justice system - were not applied - error in sentencing principle - offender re-sentenced Legislation Cited: Crimes Act 1900 Cases Cited: Clements v R (1993) 68 A Crim R 167; Dair v Western Australia [2008] WASCA 72; (2008) 182 A Crim R 385; Dyer v R [2006] NSWCCA 274; Jackson v R (1988) 104 A Crim R 196; Mill v The Queen (1988) 166 CLR 59; R v Abookahled (CCA, 9 May 1991, unreported) R v Kay [2004] NSWCCA 130; R v Knott [2007] SASC 74; (2007) 169 A Crim R 291; R v Bruce (1998) 71 SASR 536; R v Nahle [2007] NSWCCA 40; R v Shore (1992) 66 A Crim R 37; R v Shorten [2005] NSWCCA 106; R v Todd (1982) 2 NSWLR 517; R v Virgona [2004] NSWCCA 415; R v Webster [2005] NSWCCA 110; Thorpe v R [2010] NSWCCA 261. Category: Principal judgment Parties: Matthew Wu - Applicant Crown - Respondent Representation: Counsel: K H Averre - Applicant J Dwyer - Respondent Crown Solicitors: Australian Criminal Law Specialists Pty Ltd - Appellant S Kavanagh, Solicitor for Public Prosecutions - Respondent Crown File Number(s): CCA 2009/48490 Decision under appeal Before: Ashford DCJ File Number(s): 2009/48490