Arnold v R [2011] NSWCCA 150

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Arnold v R [2011] NSWCCA 150 Hearing dates: 24 March 2011 Decision date: 28 July 2011 Before: McClellan CJ at CL at [1], Blanch J at [2] and Davies J at [3] Decision: (1) Grant leave to appeal. (2) Appeal allowed. (3) Quash the sentences imposed by Woods ADCJ in respect of counts 1 and 2. (4) In lieu sentence the Defendant as follows: (a) On count 1 imprisonment for 3 years commencing 15 October 2009 with a non-parole period of 1 year and 10 months to expire on 14 August 2011; (b) On count 2 imprisonment for 2 years and 3 months commencing 15 April 2010 with a non-parole period of 1 year and 4 months expiring on 14 August 2011, and order his release to parole on 14 August 2011. Catchwords: CRIMINAL LAW - sentence - 3 offences of assault - no consideration of special circumstances - variation of statutory ratio for individual offences - no allowance for variation when sentences accumulated - error in not considering special circumstances - whether another sentence should be imposed - non-parole periods varied. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: Brindley v R (1993) 66 A Crim 204 House v The King (1936) 55 CLR 499 Jackson v R [2010] NSWCCA 162 R v Henry [2004] NSWCCA 306 R v Johnson [2004] NSWCCA 140 R v LWP [2003] NSWCCA 215 Regina v Novakovic [2004] NSWCCA 437 Category: Principal judgment Parties: Ward Jason Arnold (Applicant) Regina (Respondent) Representation: A Francis (Applicant) J Dwyer (Respondent) C Hunter (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): CCA 2008/20711 Decision under appeal Jurisdiction: 9101 Date of Decision: 2009-12-15 00:00:00 Before: Woods ADCJ File Number(s): 2008/20711