NSW Caselaw
Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Rae [2013] NSWCCA 9 Hearing dates: 29 August 2012 Decision date: 04 February 2013 Before: Macfarlan JA at [1] Price J at [2] Button J at [3] Decision: (1) Crown appeal against sentence allowed. (2) The aggregate sentence imposed by the District Court on 26 August 2011 is quashed. (3) The respondent is re-sentenced as follows: an aggregate head sentence of imprisonment for 7 years 7 months to date from 16 July 2010 and expire on 15 February 2018 is imposed, with an aggregate non-parole period of imprisonment for 5 years 5 months to date from 16 July 2010 and expire on 15 December 2015. Catchwords: CRIMINAL LAW - Crown sentence appeal - s 53A Crimes (Sentencing Procedure) Act - aggregate sentence did not reflect principle of cumulation - individual indicative sentences not manifestly inadequate - aggregate sentence did not reflect totality of criminality - aggregate sentence manifestly inadequate - discretion not to intervene not exercised - lesser sentence than at first instance due to actual distress and anxiety Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Criminal Procedure Act 1986 Firearms Act 1996 Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; (2010) 205 A Crim R 1 House v The King [1936] HCA 40; (1936) 55 CLR 499 Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357 Melbom v R [2011] NSWCCA 22 PD v R [2012] NSWCCA 242 R v Brown [2012] NSWCCA 199 R v JW [2010] NSWCCA 49; (2010) 199 A Crim R 486 Sproates v R [2009] NSWCCA 29 Category: Principal judgment Parties: Regina (applicant) Michael Thomas Rae (respondent) Representation: Counsel: H Wilson (applicant) J Manuell SC (respondent) Solicitors: Solicitor for Public Prosecutions (applicant) Legal Aid Commission (respondent) File Number(s): 2010/238174 2010/356061 Decision under appeal Jurisdiction: 9101 Date of Decision: 2011-08-26 00:00:00 Before: Robison DCJ File Number(s): 2010/238174, 2010/356061
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