Madden v R [2011] NSWCCA 254

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Madden v R [2011] NSWCCA 254 Hearing dates: 15 November 2011 Decision date: 29 November 2011 Before: Whealy JA at [1] Simpson J at [2] Hislop J at [39] Decision: 1. Leave to appeal granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW - application for leave to appeal against sentence - aggravated break enter and commit serious indictable offence - serious indictable offence of stealing - circumstance of aggravation being in company - plea of guilty - delay of 20 months between offence and arrest - applicant sentenced during intervening period for offences subsequently committed - grounds of appeal assert failure properly to take into account delay and principle of totality - history of incarceration - extent to which sentences may have been imposed concurrently if dealt with together - no evidence before sentencing judge regarding the other offences - not the role of a sentencing judge to make independent inquiries - no error in approach demonstrated - emphasis on the standard non-parole period - no error of the kind in Muldrock v The Queen demonstrated - leave to appeal granted - appeal dismissed Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383 Way v The Queen [2004] NSWCCA 131; 60 NSWLR 168 Muldrock v The Queen [2011] HCA 39 Category: Principal judgment Parties: Trent Madden (Appellant) Regina (Respondent) Representation: Counsel G Corr (Applicant) T Smith (Respondent) Solicitors Aboriginal Legal Service (Applicant) Director of Public Prosecutions (Respondent) File Number(s): 09/267599 Decision under appeal Jurisdiction: 9101 Citation: [2010] NSWDC 337 Date of Decision: 2010-11-05 00:00:00 Before: Berman DCJ File Number(s): 09/267599