Dawson v R [2013] NSWCCA 61

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Dawson v R [2013] NSWCCA 61 Hearing dates: 5 March 2013 Decision date: 21 March 2013 Before: Price J at [1] McCallum J at [2] Schmidt J at [3] Decision: 1. Leave to appeal is granted. 2. The appeal against sentence is upheld. 3. The sentence imposed is quashed, 4. In substitution the applicant is sentenced as follows: count 1 - non-parole period of 2 years dating from 6 September 2011, expiring 5 September 2013, with a balance of term of 1 year expiring 5 September 2014 count 2 - non-parole period of 3 years dating from 6 March 2012, expiring 5 March 2015, with a balance of term of 2 years expiring 5 March 2017 count 3 - non-parole period of 3 years dating from 6 September 2012, expiring 5 September 2015, with a balance of term of 2 years expiring 5 September 2017 count 4 - non-parole period of 4 years, 6 months dating from 6 March 2013, expiring 5 September 2017, with a balance of term of 3 years expiring 5 September 2020 count 5 - non-parole period of 4 years, 6 months dating from 6 March 2013, expiring 5 September 2017, with a balance of term of 3 years expiring 5 September 2020 5. The earliest date from which the applicant will be eligible for release on parole is 5 September 2017. Catchwords: CRIMINAL LAW - appeal against sentence - error in not giving effect to finding of special circumstances - error conceded - applicant to be re-sentenced - principal of totality - whether insufficient weight given to intellectual disabilities other than on contrition and remorse - applicant re-sentenced Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Muldrock v The Queen [2011] HCA 39; 244 CLR 120 Category: Principal judgment Parties: Rodney John Dawson (Applicant) Regina (Respondent) Representation: Counsel: Mr D O'Neil (Applicant) Mr H Wilson (Respondent) Solicitors: Legal Aid NSW (Applicant) S Kavanagh, Solicitor for Public Prosecutions (Respondent) File Number(s): 2010/398870 Publication restriction: None Decision under appeal Jurisdiction: 9101 Date of Decision: 2011-11-25 00:00:00 Before: Neilson DCJ File Number(s): 2010/398870