Richard Warren James CONNELLY v R [2012] NSWCCA 144

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Richard Warren James CONNELLY v R [2012] NSWCCA 144 Hearing dates: 15 February 2012 Decision date: 04 July 2012 Before: McClellan CJ at CL at [1] Hidden J at [2] Rothman J at [3] Decision: (1) Leave to appeal granted; (2) The sentence imposed by the District Court on Richard Connelly on 16 March 2011 be quashed and, in lieu thereof, he be sentenced to a non-parole period of one year and nine months commencing 16 December 2010 and concluding 15 September 2012 with a remainder of term of 14 months, concluding 15 November 2013. Catchwords: CRIMINAL LAW - Sentence - appeal - sentence imposed cumulative on prior sentence currently being served - insufficient potential parole period - insufficient account taken of effect of accumulation - principle of totality - more appropriate to round sentence downward to years and months and disregard parts of months. Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Criminal Procedure Act 1986 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Barrett v R [2011] NSWCCA 213 Briggs v R [2010] NSWCCA 250 Clarke v R [2009] NSWCCA 49 Ha v R [2010] NSWCCA 83 Markarian v The Queen [2005] HCA 25 Mill v The Queen (1988) 166 CLR 59 Musgrove v R [2007] NSWCCA 21 Pearce v R [1998] HCA 57; (1998) 194 CLR 610 R v Dunn [2007] NSWCCA 312 Veen v R (No 2) (1988) 164 CLR 465 Category: Principal judgment Parties: Richard Warren James Connelly (applicant) Regina (respondent) Representation: Counsel: K H Averre (for the applicant) N J Gouda (for the respondent) Solicitors: Brenda Duchen (for the applicant) Director of Public Prosecutions (for the respondent) File Number(s): 2010/47866 Decision under appeal Date of Decision: 2011-03-16 00:00:00 Before: Judge Colefax