FLICK v R [2012] NSWCCA 170

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: FLICK v R [2012] NSWCCA 170 Hearing dates: 29 November 2011 Decision date: 17 August 2012 Before: Simpson J at [1] Blanch J at [45] Rothman J at [46] Decision: (1) Leave to appeal granted; (2) Appeal allowed; (3) The sentence imposed on the applicant by Woods ADCJ on 17 December 2010 be quashed and in lieu thereof the applicant be sentenced as follows: (i) On the first count of aggravated break, enter and commit serious indictable offence committed on 9 or 10 June 2010, and taking account of the offences disclosed on the Form 1, the applicant be sentenced to a non-parole period of 2 years' imprisonment commencing 15 December 2010 and concluding 14 December 2012 with a remainder of term of a further 15 months concluding 14 March 2014; (ii) On the second count of aggravated break, enter and commit serious indictable offence committed on 10 June 2010, the applicant be sentenced to a non-parole period of 12 months commencing 15 March 2012 and concluding 14 March 2013, and a remainder of term of a further 2 years concluding 14 March 2015; (iii) The overall sentence imposed for the two offences charged is a total sentence of 4 years and 3 months' imprisonment, commencing 15 December 2010 and concluding 14 March 2015, including a non-parole period of 2 years and 3 months concluding 14 March 2013. The applicant is first eligible for parole commencing on 14 March 2013. Catchwords: CRIMINAL LAW - Appeal - sentencing - accumulation and totality - sentence for two similar offences - sentence imposed while another sentence being served. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Cases Cited: Attorney General's Application Under Section 37 of the Crimes (Sentencing Procedure) Act 1999 [2002] NSWCCA 518 Green v The Queen; Quinn v The Queen [2011] HCA 49 Hili v The Queen; Jones v The Queen [2010] HCA 45 House v R (1936) 55 CLR 499 Markarian v The Queen [2005] HCA 25; 228 CLR 357 Mill v The Queen (1988) 166 CLR 59 Muldrock v The Queen [2011] HCA 39; 85 ALJR 1154 Pearce v The Queen [1998] HCA 57; 194 CLR 610 R v Edwards (1996) 90 A Crim R 510 R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383 R v Way [2004] NSWCCA 131; 60 NSWLR 168 Veen v R (No 2) (1988) 164 CLR 465 Category: Principal judgment Parties: Daniel Craig Flick (applicant) Regina (respondent) Representation: K. Averre (for the applicant) V. Lydiard (for the respondent) Legal Aid NSW (for the applicant) Solicitor for Public prosecutions (for the respondent) File Number(s): 2010/146007 Decision under appeal Date of Decision: 2010-12-17 00:00:00 Before: Woods ADCJ