Butler v R [2012] NSWCCA 23

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Butler v R [2012] NSWCCA 23 Hearing dates: 27 February 2012 Decision date: 20 March 2012 Before: Whealy JA at [1] Rothman J at [2] Davies J at [3] Decision: 1. Extend the time for leave to appeal to 10 October 2011; 2. Leave to appeal granted; 3. Appeal dismissed. Catchwords: CRIMINAL LAW - appeal against sentence - Form 1 offences - how properly dealt with when sentencing - sentence imposed pre Muldrock - reference by Sentencing Judge to R v Way - whether error identified in reference to guideline or yardstick - whether other sentence warranted. Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518; 56 NSWLR 146 Dionys v R [2011] NSWCCA 272 Muldrock v The Queen [2011] HCA 39 R v Grube [2005] NSWCCA 140 R v Koloamatangi [2011] NSWCCA 288 R v Way [2004] NSWCCA 131; (2004) 60 NSWLR 168 Category: Principal judgment Parties: Shawn Michael Butler (Applicant) The Crown Representation: H Dhanji (Applicant) F Veltro (The Crown) Martin Bowe, Solicitor (Applicant) Solicitor for Public Prosecutions (The Crown) File Number(s): CCA 2008/6448 Decision under appeal Date of Decision: 2009-07-24 00:00:00 Before: Freeman DCJ File Number(s): 2008/6448