HATFIELD v REGINA [2011] NSWCCA 286

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: HATFIELD v REGINA [2011] NSWCCA 286 Hearing dates: Thursday 30 June 2011 Decision date: 21 December 2011 Before: McClellan CJ at CL at [1] Hidden J at [2] Hall J at [3] Decision: Leave to appeal granted. Appeal upheld. Applicant re-sentenced on the basis of a discount for the guilty pleas of 20% in lieu of 15% Orders 1. Leave to appeal against the sentences imposed by the District Court on 28 August 2009 be granted. 2. The sentences imposed by the District Court be set aside 3. That the applicant be re-sentenced as follows:- (a) In relation to the offence under s.25(2) of the Drug Misuse and Trafficking Act 1985, and taking into account the matters on the Form 1, the applicant be sentenced to a non-parole period of 9 years and 2 months to commence on 9 May 2005 and to expire on 8 July 2014 and a balance of term of 6 years and 6 months to expire on 8 January 2021. (b) In respect of the offence of conspiracy to import a commercial quantity of cocaine contrary to s.11.5(1) of the Criminal Code 1995 and with s.233B(1) of the Customs Act 1901 (Cth), the applicant to be sentenced to a term of imprisonment for a period of 22 years with a non-parole period of 11 years. The sentence is to commence on 9 May 2007 the non-parole period will expire on 8 May 2018. The total sentence will expire on 8 May 2029. Catchwords: CRIMINAL LAW - appeal against sentence - discount for assistance - discount for early plea of guilty

CRIMINAL LAW - appeal against sentence - defence of mental illness - whether sentencing Judge erred in only taking mental illness into account on the non-parole period - fresh evidence