Clayton Matthew KEAN v R [2011] NSWCCA 136

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Clayton Matthew KEAN v R [2011] NSWCCA 136 Hearing dates: 15 April 2011 Decision date: 10 August 2011 Before: Campbell JA at [1] RS Hulme J at [14] Adams J at [24] Decision: (1) Grant leave to appeal. (2) Allow the appeal. (3) Quash the sentences imposed on the Applicant by Berman DCJ on 12 February 2010. (4) In respect of Count 1, sentence the Applicant to imprisonment for a non-parole period of 2 years and 3 months commencing on 1 December 2008 together with a further term of 9 months commencing on 1 March 2011. (5) In respect of Count 3, sentence the Applicant to imprisonment for a fixed term of 1 year commencing on 1 September 2010. (6) In respect of the CAN offence, and taking into account the Form 1 offence, sentence the Applicant to imprisonment for a non-parole period of 9 months commencing on 1 September 2011 together with a further term of 2 years commencing on 1 June 2012. (7) Record as the date upon which it appears that the Applicant is entitled to release on parole, 1 June 2012. Catchwords: CRIMINAL LAW - property offences - burglary and like offences - offender with significant criminal history. CRIMINAL LAW - sentencing - relevant sentencing considerations - concurrent jurisdiction of the Local and District Courts - for convenience all matters heard in the District Court - maximum sentence which could be imposed by Local Court relevant consideration in sentencing - failure to consider not fatal. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Sentencing (Criminal Procedure) Act 1999 Cases Cited: Bonwick v R [2010] NSWCCA 177 R v Harris [2007] NSWCCA 130 R v Palmer [2005] NSWCCA 349 R v Ponfield & Others (1999) 48 NSWLR 327 Category: Principal judgment Parties: Clayton Matthew KEAN (Applicant) Representation: Mr K H Averre (Applicant) Legal Aid Commission (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2009/79851; 2009/198608 Decision under appeal Date of Decision: 2010-02-12 00:00:00 Before: Berman DCJ File Number(s): 2009/79851; 2009/198608