Luke Nathan Richard BARRETT v R [2011] NSWCCA 213

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Luke Nathan Richard BARRETT v R [2011] NSWCCA 213 Hearing dates: 23 February 2011 Decision date: 22 September 2011 Jurisdiction: Common Law - Criminal Before: Whealy JA at [1]; Hidden J at [2] Johnson J at [38] Decision: Leave to appeal granted, appeal allowed. Sentences on second, third, fourth and fifth charges are confirmed. Sentence on first charge quashed and, in lieu, taking into account the matter on the Form 1, applicant sentenced to a non-parole period of 3 years and 9 months, commencing on 21 June 2010 and expiring on 20 March 2014, and a balance of term of 2 years and 3 months, commencing on 21 March 2014 and expiring on 20 June 2016. Catchwords: CRIMINAL LAW - application for leave to appeal against sentence - various offences arising from one incident - partial accumulation of sentences for those offences - further partial accumulation upon sentence already being served - whether special circumstances should have been found because of accumulation - danger of applicant becoming institutionalised Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Cases Cited: R v Barrett [2006] NSWCCA 348 R v Simpson (1992) 61 A Crim R 58 R v Pollock (1993) 67 A Crim R 166 R v Nightingale [2005] NSWCCA 147 Jackson v R [2010] NSWCCA 162 R V Lemene [2001] NSWCCA 5, 118 A Crim R 131 Category: Principal judgment Parties: Luke Nathan Richard BARRETT (applicant) REGINA (respondent) Representation: Counsel T Gartelmann (applicant) J Dwyer (respondent) Solicitors S E O'Connor - Legal Aid Commission (applicant) S Kavanagh - Solicitor for Public Prosecutions (respondent) File Number(s): 2008/20042; 2008/20046 Decision under appeal Jurisdiction: 9101 Date of Decision: 2009-11-20 00:00:00 Before: Hughes DCJ File Number(s): 2008/20042; 2008/20046