HAMMOND, Brian John v R [2013] NSWCCA 28

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: HAMMOND, Brian John v R [2013] NSWCCA 28 Hearing dates: 13 November 2012 Decision date: 19 February 2013 Before: McClellan CJ at CL at 1 Rothman J at 2 Bellew J at 25 Decision: (1) Leave to appeal granted; (2) Appeal dismissed. Catchwords: CRIMINAL LAW - sentence appeal - self represented appellant - no issue of principle - sentencing judge not in error - appeal dismissed Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Mental Health (Forensic Provisions) Act 1990 Mental Health Act 2007 Cases Cited: Ayoub and El Masri v R [2010] NSWCCA 196 Category: Principal judgment Parties: Brian John Hammond (Applicant) Crown (Respondent) Representation: Counsel: Self Represented (Applicant) J Dwyer (Respondent) Solicitors: Self Represented (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2009/10693 Decision under appeal Date of Decision: 2009-10-14 00:00:00 Before: Woods ADCJ File Number(s): 2009/10693

Judgment 1McCLELLAN CJ at CL: I agree with Rothman J. 2ROTHMAN J: Brian John Hammond, hereinafter the applicant, seeks leave to appeal the sentence imposed on him in the District Court on 14 October 2009. On that date, the applicant was sentenced to a term of imprisonment of 6 years, including a non-parole period of 4 years and 6 months. 3The foregoing sentence was imposed for the offence of aggravated assault with intent to take/drive motor vehicle (armed with an offensive weapon), contrary to s 154C(2) of the Crimes Act 1900, which carries a maximum sentence of 14 years' imprisonment and a standard non-parole period of 5 years' imprisonment. Pursuant to the terms of s 166 of the Criminal Procedure Act 1986, the District Court also dealt with a summary offence and sentenced the applicant to a fixed term of imprisonment of 9 months to be served wholly concurrently with the indictable offence. The charge dealt with under s 166 was a failure to submit to breath analysis.