Geddes v R [2012] NSWCCA 94

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Geddes v R [2012] NSWCCA 94 Hearing dates: 7 May 2012 Decision date: 15 May 2012 Before: Whealy JA [1] Hidden J [56] Schmidt J [57] Decision: (1) Extension of time for leave to appeal granted. (2) Leave to appeal against sentence granted. (3) Sentence imposed by the sentencing judge on 11 February 2011 be set aside and in lieu thereof the following sentences imposed: Count 1: Imprisonment for a fixed term of 15 months to commence from 10 December 2008 and to expire on 9 March 2010. Count 2: Imprisonment for a fixed term of 10 months to commence from 10 August 2009 and to expire on 9 June 2010. Count 3: Imprisonment for a fixed term of 2 months to commence from 10 August 2009 and to expire on 9 October 2009. Count 4: A term of imprisonment consisting of a non-parole period of 2 years to commence from 10 June 2010 and to expire on 9 June 2012 with a balance of term 2 years and 3 months to expire on 9 September 2014. Catchwords: CRIMINAL LAW - appeal - sentence - whether error emerges from sentencing judge's remarks during hearing - whether sentencing judge erred in failing to account for appellant's protective custody in sentencing. Cases Cited: - R v Pham [2005] NSWCCA 94 - R v Thompson [2005] NSWCCA 340; 156 A Crim R 467 - RWB v R [2010] NSWCCA 147; 202 A Crim R 209 Category: Principal judgment Parties: Aaron James Geddes (Applicant) Crown (Respondent) Representation: Counsel: Ms J. Trevallion (Applicant) Ms M. Cinque (Respondent) Solicitors: Mandy Hull & Associates (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2009/130988 Decision under appeal Jurisdiction: 9101 Citation: R v Geddes Date of Decision: 2011-02-11 00:00:00 Before: Hock DCJ File Number(s): 2009/130988