Hawkins v R [2011] NSWCCA 153

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hawkins v R [2011] NSWCCA 153 Hearing dates: 28 June 2011 Decision date: 08 July 2011 Jurisdiction: Criminal Before: Allsop P at [1] Hidden J at [3] Hall J at [30] Decision: 1. Grant leave to appeal and allow the appeal. 2. On the charge of detaining for advantage in circumstances of aggravation, quash the sentence passed in the District Court and, in lieu, sentence the applicant to a non-parole period of 3 years and 3 months, commencing on 12 April 2008 and expiring on 11 July 2011, and a balance of term of 1 year and 9 months, commencing on 12 July 2011 and expiring on 11 April 2013 Catchwords: CRIMINAL LAW - appeal on sentence - whether maximum discount for utilitarian plea of guilty ought to have been imposed - delay in fitness hearing for mental health assessment - applicant with severe mental illness - appeal upheld Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Criminal Code Act 1995 (Cth) Cases Cited: R v Sharrouf [2009] NSWSC 1002 R v Thomson & Houlton (2000) 49 NSWLR 383 R v Zeilaa [2009] NSWSC 532 Category: Principal judgment Parties: David Ronald Hawkins (Applicant) Regina (Crown) Representation: Barristers C: D Arnott SC A: D Carroll Solicitors C: S Kavanagh A: S O'Connor File Number(s): 2008/18109 Decision under appeal Jurisdiction: 9101 Date of Decision: 2010-08-13 00:00:00 Before: Wells DCJ File Number(s): 2009/18109