John HUNTER v R [2011] NSWCCA 141

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: John HUNTER v R [2011] NSWCCA 141 Hearing dates: 28 February 2011 Decision date: 12 July 2011 Before: Hodgson JA at [1] Adams J at [4] Hall J at [63] Decision: (1) Leave to appeal is granted. (2) In respect of the offence in Count 2, the sentence is quashed. In lieu thereof the appellant is sentenced to a fixed term of 12 months commencing 11 September 2008 and concluding 10 September 2009. (3) In respect of the offences in Counts 3 and 4, the sentences are quashed. In lieu thereof the appellant is sentenced to fixed terms of 12 months, each commencing 11 June 2009 and concluding 10 June 2010. (4) In respect of the offence in Count 1, the sentence is quashed. In lieu thereof the appellant is sentenced to a non-parole period of one year and four months commencing on 11 March 2010 and ending on 10 July 2011 with a balance of term of two years and two months to expire on 10 September 2013. (5) The sentence for the offences under s166 are unchanged. Catchwords: SENTENCING - aggravated housebreaking - larceny of motor vehicle - intimidation -nature of hypothesis of a case in the middle of the range - to be avoided where no standard non-parole period - young offender - history of mental illness - under influence of alcohol and drugs - not taking medication at time of offences. Legislation Cited: Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Dunn v R [2010] NSWCCA 128 Marshall v R [2007] NSWCCA 24 R v AJP [2004] 150 A Crim R 575 R v Huynh [2005] NSWCCA 220 R v Ponfield & Ors [1999] NSWCCA 435; (1999) 48 NSWLR 327 R v Way [2004] NSWLR 168 Towers v R [2008] NSWCCA 283 Category: Principal judgment Parties: John Hunter (Applicant) Regina (Respondent) Representation: Counsel H Cox (Applicant) V Lydiard (Respondent) Solicitors Aboriginal Legal Service (Applicant) File Number(s): 2009/8671 Decision under appeal Jurisdiction: 9101 Date of Decision: 2009-12-11 00:00:00 Before: English DCJ File Number(s): 2009/8671