Butler v Regina [2012] NSWCCA 54

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Butler v Regina [2012] NSWCCA 54 Hearing dates: 26 March 2012 Decision date: 05 April 2012 Before: Beazley JA at [1]; Harrison J at [29]; McCallum J at [30] Decision: 1. Grant leave to appeal; 2. Appeal against the sentence imposed in respect of the s 308C(1) offences be allowed; 3. Set aside the sentences imposed by the trial judge and in lieu thereof, sentence the applicant as follows: (i) On each charge contrary to s 308C(1) the applicant is sentenced to imprisonment for a fixed term of 2 years commencing on 9 September 2010 and expiring on 8 September 2012; (ii) On each charge contrary to s 178BA(1) the applicant is sentenced to imprisonment for a fixed term of imprisonment for 3 years commencing on 9 September 2010 and expiring on 8 September 2013; (iii) On the charge contrary to s 193B(3) the applicant is sentenced to imprisonment for a non-parole period of 3 years commencing on 9 September 2010 and expiring on 8 September 2013 with a balance of term of 2 years imprisonment expiring on 8 September 2015. Catchwords: CRIMINAL LAW - application for leave to appeal - appeal against sentence - sentencing judge erred with respect to maximum penalty - whether sentencing judge erred by imposing the maximum penalty - whether sentence in total is manifestly excessive - Crimes Act 1900, ss 178BA(1), 193B(3), 308C(1) Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Criminal Appeal Act 1912 Cases Cited: Muldrock v The Queen [2011] HCA 39 Category: Principal judgment Parties: Rhys Butler (Applicant) Regina (Respondent) Representation: P Winch (Applicant) S Bowers (Respondent) Legal Aid Commission of NSW (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): CCA 2009/244740 Decision under appeal Citation: R v Rhys David Butler Date of Decision: 2010-09-10 00:00:00 Before: Robison DCJ File Number(s): 2009/244740