RENSHAW v R [2012] NSWCCA 91

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: RENSHAW v R [2012] NSWCCA 91 Hearing dates: 3 May 2012 Decision date: 15 May 2012 Before: HOEBEN JA at [1] RS HULME J at [35] FULLERTON J at [36] Decision: Leave to appeal is granted. The appeal is allowed. The sentence imposed by McLauchlan ADCJ on 5 September 2011 is quashed and in lieu thereof the applicant is sentenced to imprisonment with a non-parole period of 12 months, commencing 5 March 2011 and expiring 4 March 2012, with a balance of term of 10 months, expiring 4 January 2013. The applicant is to be released to parole forthwith. Catchwords: CRIMINAL LAW - sentence appeal - aggravated robbery - plea of guilty - applicant attending strict residential rehabilitation course over 14 months - rehabilitation very successful - failure of sentencing judge to take into account time on rehabilitation course as quasi-custody - need to take period of quasi-custody into account - backdating of commencement date of sentence. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Hughes v R [2008] NSWCCA 48 Regina v Campbell [1999] NSWCCA 76 R v Delaney [2003] NSWCCA 342 R v Kyroglou and Tsoukatos [1999] NSWCCA 106 Regina v Zamagias [2002] NSWCCA 17 Category: Principal judgment Parties: Joel Paul Renshaw - Applicant Regina - Respondent Crown Representation: Counsel: Ms A Francis - Applicant Ms S Dowling - Respondent Crown Solicitors: B Sandiland - Legal Aid NSW - Applicant S Kavanagh - Solicitor for Public Prosecutions - Respondent Crown File Number(s): 2010/106020 Decision under appeal Date of Decision: 2011-09-05 00:00:00 Before: McLauchlan ADCJ File Number(s): 2010/106020