KG v R [2012] NSWCCA 10

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: KG v R [2012] NSWCCA 10 Hearing dates: 6 February 2012 Decision date: 06 February 2012 Before: Basten JA at 1 and 39; RS Hulme J at 28; Schmidt J at 37 Decision: (1) Grant the applicant leave to appeal. (2) Allow the appeal and set aside the sentence imposed by Colefax DCJ on 17 December 2010. (3) Resentence the applicant - (a) to a non-parole period of 18 months to date from 16 June 2010 and expire on 15 December 2011; and (b) a balance of term of 12 months to date from 16 December 2011, expiring on 15 December 2012. (4) Direct the release of the applicant to parole forthwith. (5) Direct that the applicant's parole be subject to standard parole conditions, both general and in relation to supervised parole, a copy of which will be attached to the papers and provided to the applicant, and to the following additional conditions: (a) to report to the Office of Probation and Parole at Orange within seven days of his release and (b) comply with any reasonable directions given by the Probation and Parole Officer to attend counselling or to attend courses directed towards rehabilitation. Catchwords: CRIMINAL LAW - appeal - sentencing - assault with intent to rob whilst in company, with wounding - whether manifestly excessive

CRIMINAL LAW - appeal - sentencing - whether inappropriate reference to standard non-parole period - whether proper consideration given to principles in Children (Criminal Proceedings) Act 1987 (NSW), s 6