Taylor v R [2013] NSWCCA 157

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Taylor v R [2013] NSWCCA 157 Hearing dates: 17 June 2013 Decision date: 27 June 2013 Before: Hoeben CJ at CL at [1] McCallum J at [2] R A Hulme J at [3] Decision: 1. Leave to appeal granted. 2. Appeal allowed. 3. Sentences imposed in the District Court confirmed but the dates of commencement and the expiry of non-parole periods are adjusted as follows: On each of the two counts of possession of a CITES specimen, the sentences are to date from 20 October 2009. The recognizance release order is to date from 20 April 2010. On each of the counts of receiving and disposing of stolen property, the sentences are to date from 20 April 2010. The non-parole period of the sentence for receiving stolen property is to expire on 19 April 2012. (It is noted that no non-parole period was fixed for the disposing of stolen property). For the offence of recklessly inflicting grievous bodily harm, the sentence is to date from 20 April 2012. The non-parole period is to expire on 19 April 2014. For the offence of unauthorised possession of more than three unregistered firearms any one of which is a prohibited firearm or pistol, the sentence is to date from 20 April 2014. The non-parole period is to expire on 19 April 2018. For the offences of possession of a prohibited weapon and dealing with the proceeds of crime, the sentences are to date from 20 April 2014 and the non-parole periods are to expire on 19 April 2017. Specify that the offender will be eligible for release on parole upon the expiration of the non-parole period for the offence of unauthorised possession of more than three unregistered firearms any one of which is a prohibited firearm or pistol on 19 April 2018. Catchwords: CRIMINAL APPEAL - sentence appeal - aggregate sentence imposed where s 53A Crimes (Sentencing Procedure) Act did not apply - mistaken accumulation with Commonwealth offences - sentence corrected by District Court under s 43 Crimes (Sentencing Procedure) Act - no jurisdictional error CRIMINAL APPEAL - sentence appeal - manifest excess - firearms offence - substantial degree of criminality manifested by vast number of firearms - sentence not manifestly excessive CRIMINAL APPEAL - sentence appeal - failure to take into account pre-sentence custody - error in computation corrected Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Environment Protection and Biodiversity Conservation Act 1999 (Cth) Firearms Act 1996 (NSW) Weapons Prohibition Act 1998 (NSW) Cases Cited: Achurch v R (No 2) [2013] NSWCCA 117 Caristo v R [2011] NSWCCA 7 Ho v Director of Public Prosecutions (1995) 82 A Crim R 80 Category: Principal judgment Parties: Darren John Taylor (Applicant) Regina (Respondent) Representation: Counsel: Mr R G Thomas Ms J Dwyer Solicitors: Rosemary Benet & Associates Solicitor for Public Prosecutions File Number(s): 2009/3353 2009/147058 2009/217141 Decision under appeal Jurisdiction: 9101 Before: Coolahan DCJ Blanch CJDC File Number(s): 2009/127058; 2009/217141; 2009/3353