SALMON v R [2012] NSWCCA 119

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: SALMON v R [2012] NSWCCA 119 Hearing dates: 1 May 2012 Decision date: 04 June 2012 Before: Hoeben JA at [1] RS Hulme J at [192] Schmidt J at [193] Decision: Conviction Appeal: Appeal dismissed. Sentence Appeal: (1) Leave to appeal is granted. (2) The appeal is allowed. (3) The sentences imposed by her Honour on 19 March 2010 are quashed. (4) In lieu thereof, the applicant is sentenced as follows: (a) On the charge of larceny, he is sentenced to a fixed term of imprisonment of 1 month to commence 14 December 2009 and to conclude 14 January 2010. (b) On the charge of assault, he is sentenced to a fixed term of imprisonment of 3 months to commence 14 December 2009 and to conclude 13 March 2010. (c) On the charge of robbery, the applicant is sentenced to a fixed term of imprisonment of 6 months to commence 14 December 2009 and to conclude 13 June 2010. Catchwords: CRIMINAL LAW - CONVICTION APPEAL - theft assault and robbery convictions - appellant self-represented - whether hearsay evidence wrongfully admitted - whether Crown address caused miscarriage of justice - whether miscarriage of justice as a result of directions by trial judge - whether fresh evidence should be admitted on appeal - whether miscarriage of justice occurred as the result of conduct by appellant's counsel - whether revocation of bail during trial caused miscarriage of justice - whether jury verdict unreasonable - SENTENCE APPEAL - whether sentencing judge erred in assessment of objective seriousness - whether principle of totality applied - whether sentence manifestly excessive. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Criminal Procedure Act 1986 Evidence Act 1995 Cases Cited: Cahyadi v R [2007] NSWCCA 1; 168 A Crim R 41 Craig v The King (1933) 49 CLR 429 GAR v R (No 1) [2010] NSWCCA 163 Gonzales v R (2007) 178 A Crim R 232 Ignjatic v R (1993) 68 A Crim R 333 Johnson v R [2004] HCA 15; 205 ALR 346; 78 ALJR 616 Mickelberg v The Queen (1989) 167 CLR 259 Monteiro v R [2011] NSWCCA 113 Orchard v Spooner (1992) 28 NSWLR 114 R v Abusafiah (1991) 24 NSWLR 531 R v Abou-Chabake (2004) 149 A Crim R 417 R v Birks (1990) 19 NSWLR 677 R v Gallagher (1986) 160 CLR 392 R v Trindall [2005] NSWCCA 446 Yassien v R [2006] NSWCCA 15 SKA v The Queen [2011] HCA 13, 243 CLR 400 Yassien v R [2006] NSWCCA 15 Category: Principal judgment Parties: Owen Salmon - Appellant Regina - Respondent Crown Representation: Counsel: Appellant in person Mr P Ingram SC - Respondent Crown Solicitors: Appellant in person Mr S Kavanagh, Solicitor for Public Prosecutions - Respondent Crown File Number(s): 2009/10943 Decision under appeal Date of Decision: 2010-03-19 00:00:00 Before: Ainslie-Wallace DCJ File Number(s): 2009/10943