Rios v Regina [2012] NSWCCA 8

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Rios v Regina [2012] NSWCCA 8 Hearing dates: 6 December 2011 Decision date: 13 February 2012 Before: Bathurst CJ at 1 Simpson J at 2 Adamson J at 3 Decision: 1. Leave to appeal granted. 2. Appeal upheld. 3. The non-parole period fixed by Colefax DCJ in respect of the offence of stealing on 10 August 2009 be varied to fix a non-parole period of two years, three months and 17 days, which commenced on 14 July 2010 and will expire on 30 October 2012. 4. The sentences imposed by Colefax DCJ be otherwise confirmed. Catchwords: CRIMINAL LAW - application for leave to appeal against sentence - offences of stealing from person - where the non-parole period of a sentence exceeds 75 per cent of the total sentence - whether the sentencing judge failed to properly consider the issue of special circumstances in the context of partially accumulating sentences Legislation Cited: Crimes Act 1900 (NSW) - s 94 Crimes (Sentencing Procedure) Act 1999 (NSW) - s 44 Cases Cited: - Barrett v R [2011] NSWCCA 213 - Dunn v R [2007] NSWCCA 312 - R v Nightingale [2005] NSWCCA 147 - Ruano v R [2011] NSWCCA 149 - Wakefield v R [2010] NSWCCA 12 Category: Principal judgment Parties: Jose Lues Rios - Applicant Regina - Respondent Representation: T Gartelmann - Applicant V Lydiard - Respondent Arthur Aguirre - Applicant S Kavanagh - Respondent File Number(s): 2009/185877 Decision under appeal Date of Decision: 2011-08-13 00:00:00 Before: His Honour Judge Colefax SC