Haydon v R [2012] NSWCCA 151

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Haydon v R [2012] NSWCCA 151 Hearing dates: 18 June 2012 Decision date: 16 July 2012 Before: McClellan CJ at CL Price J Button J Decision: 1. Leave to appeal granted. 2. Appeal dismissed. 3.The commencement date of the sentence imposed by McLoughlin DCJ for the aggravated break and enter contrary to s 113(2) Crimes Act be varied pursuant to s 52 Crimes (Sentencing Procedure) Act so that the sentence is imprisonment for 3 years 3 months consisting of a non-parole period of 2 years 2 months commencing on 25 June 2012 and expiring on 24 August 2014 with a balance of term of 1 year 1 month expiring on 24 September 2015. Catchwords: CRIMINAL LAW - appeal - sentencing - parity - application of s 52 Crimes (Sentencing Procedure) Act to correct commencement date of sentence. Legislation Cited: Crimes Act 1900 s 112(1)(a), s 113(2), s 154A(1)(a), s 189, Crimes (Sentencing Procedure) Act 1999 s 52(1) Road Transport (Vehicle Registration) Regulation 2007 s 85(2)(a) Cases Cited: Green v The Queen; Quinn v The Queen [2011] HCA 49; 86 ALJR 36 Postiglione v The Queen [1997] HCA 26; (1997) 189 CLR 295 R v Ilbay [2000] NSWCCA 251 R v JW [2010] NSWCCA 49; (2010) 77 NSWLR 7 R v Kollas and Mitchell [2002] NSWCCA 491 Category: Principal judgment Parties: . Representation: Ms A Francis (applicant) Mr R Herps (respondent) B Sandland (applicant) S Kavanagh (Solicitor for Public Prosecutions) File Number(s): 2010/249099 Decision under appeal Citation: R v Haydon Date of Decision: 2010-12-17 00:00:00 Before: McLoughlin DCJ File Number(s): 2010/249099