Bolt v Regina [2012] NSWCCA 50

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Bolt v Regina [2012] NSWCCA 50 Hearing dates: 26 March 2012 Decision date: 26 March 2012 Before: Beazley JA Harrison J McCallum J Decision: Appeal allowed. Sentence imposed at first instance quashed and in lieu thereof applicant sentenced to a term of imprisonment with a non-parole period of two years and six months commencing on 12 April 2010 and expiring on 11 October 2012 and a balance of term of eighteen months expiring on 11 April 2014 Catchwords: CRIME - sentencing - offender sentenced before the decision of the High Court in Muldrock v R - whether sentence entailed error of the kind identified in that decision Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Butler v R [2012] NSWCCA 23 Muldrock v The Queen [2011] HCA 39 R v Way [2004] NSWCCA 131; 60 NSWLR 168 R v McEvoy [2010] NSWCA 110 Category: Principal judgment Parties: Joshua Bolt (Applicant) Crown (Respondent) Representation: Counsel: D Barrow (Applicant) S Bowers (Crown) Solicitors: Brian Sandland (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2010/ 89624 Publication restriction: Nil Decision under appeal Date of Decision: 2011-03-04 00:00:00 Before: His Honour Judge Sorby File Number(s): 2010/ 89624