R v McHarg [2011] NSWCCA 115

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v McHarg [2011] NSWCCA 115 Hearing dates: 23 February 2011 Decision date: 25 May 2011 Jurisdiction: Criminal Before: Whealy JA at 1 Hidden J at 2 Johnson J at 3 Decision: Orders made on 25 May 2011 (as amended under the slip rule) Crown appeal allowed with respect to the third count only. Sentence imposed upon the Respondent at the Parramatta District Court for the third count on 24 September 2010 is quashed. In lieu thereof, the Respondent is sentenced to a non-parole period of two years and six months commencing on 27 January 2011 and expiring on 26 July 2013, with a balance of term of 18 months commencing 27 July 2013 and expiring on 26 January 2015. The earliest date upon which the Respondent will be eligible for release on parole is 26 July 2013. Order made on 12 August 2011 Order made under s.7(1A)(a) Criminal Appeal Act 1912 varying commencement and expiration dates of sentence imposed for the fourth offence (robbery in company) so that the sentence of imprisonment for a fixed term of three years commenced on 27 April 2009 and will expire on 26 April 2012 Catchwords: CRIMINAL LAW - sentence - Crown appeal - serious offences of violence committed over 10-month period - young adult offender subject to conditional liberty - whether sentence for reckless wounding in company manifestly inadequate - whether total effective sentences for all offences manifestly inadequate - held that sentence for reckless wounding in company was manifestly inadequate - total effective sentences lenient but not manifestly inadequate - approach to sentence for offences of violence against pizza delivery driver - approach to sentence for offences against persons using public transport system at night - relevance of youth - importance of general deterrence - offender resentenced for reckless wounding in company Legislation Cited: Criminal Appeal Act 1912 Law Enforcement (Powers and Responsibilities) Act 2002 Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Cases Cited: R v JW [2010] NSWCCA 49; 199 A Crim R 486 Pearce v The Queen [1998] HCA 57; 194 CLR 610 Hristovski v R [2010] NSWCCA 129 R v Dunn [2004] NSWCCA 346 Mill v The Queen [1988] HCA 70; 166 CLR 59 Johnson v The Queen [2004] HCA 15; 205 ALR 346 Markarian v The Queen [2005] HCA 25; 228 CLR 357 Lowndes v The Queen [1999] HCA 29; 195 CLR 665 House v the King [1936] HCA 40; 55 CLR 499 Hili v The Queen [2010] HCA 45; 85 ALJR 195