Strickland v R O'Connor v R [2011] NSWCCA 166

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Strickland v R O'Connor v R [2011] NSWCCA 166 Hearing dates: 20 July 2011 Decision date: 28 July 2011 Before: Allsop P at [1] Simpson J at [2] Buddin J at [3] Decision: Applicant Strickland 1 Grant leave to appeal. 2 Allow the appeal. 3 Quash the sentences imposed in the District Court and in substitution therefore impose the following sentences: (i) In respect of Count 2a, sentence the applicant to a term of 18 months to commence on 18 February 2010; (ii) In respect of Count 3a, sentence the applicant to a term of 18 months to commence on 18 July 2010; (iii) In respect of Count 4a, sentence the applicant to a term of 18 months to commence on 18 December 2010; (iv) In respect of Count 1, sentence the applicant to a non-parole period of 2 years and 3 months to commence on 18 May 2011 and to expire on 17 August 2013 with a total term of 4 years and 3 months to expire on 17 August 2015. The applicant will be eligible for parole on 17 August 2013. Applicant O'Connor 1 Grant leave to appeal. 2 Allow the appeal. 3 Quash the sentences imposed in the District Court and in substitution therefore impose the following sentences: (i) In respect of Count 2a, sentence the applicant to a term of 12 months to commence on 8 March 2010; (ii) In respect of Count 3a, sentence the applicant to a term of 15 months to commence on 8 June 2010; (iii) In respect of Count 4a, sentence the applicant to a term of 15 months to commence on 8 September 2010; (iv) In respect of Count 1, sentence the applicant to a non-parole period of 2 years and 3 months to commence on 8 December 2010 and to expire on 7 March 2013 with a total term of 4 years and 3 months to expire on 7 March 2015. The applicant will be eligible for parole on 7 March 2013. Catchwords: Criminal law - appeal against sentence - offences of aggravated break, enter and steal and break, enter and steal - whether sentences manifestly excessive - whether error in failing to take into account that various of the offences could have been dealt with in the Local Court Legislation Cited: Criminal Procedure Act 1986 Cases Cited: Bonwick v R [2010] NSWCCA 177 Pearce v The Queen (1998) 194 CLR 610 Category: Principal judgment Parties: Paul James Strickland Regina Corey Francis O'Connor Regina Representation: Counsel: H Cox (Applicant Strickland) P Winch (Applicant O'Connor) Solicitors: Aboriginal Legal Service (Applicant Strickland) Legal Aid Commission (Applicant O'Connor) S Kavanagh (Solicitor for Public Prosecutions) File Number(s): 2009/62208 2009/45738 Decision under appeal Date of Decision: 2010-08-26 00:00:00 Before: English DCJ File Number(s): 2009/62208; 2009/45738