Cambey v R [2013] NSWCCA 170

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Cambey v R [2013] NSWCCA 170 Hearing dates: 9 July 2013 Decision date: 09 July 2013 Before: Basten JA at [1]; Price J at [34]; Campbell J at [43] Decision: 1. Grant leave to appeal against sentence. 2. Appeal upheld. 3. Sentence imposed by the sentencing judge is set aside and in place thereof the applicant is sentenced to a period of imprisonment consisting of a non-parole period of 4 years and 10 months commencing on 16 September 2008 and expiring on 15 July 2013 and a balance of term of 2 years and 4 months expiring on 15 November 2015. The earliest date on which the applicant will eligible for release on parole is 15 July 2013. Catchwords: CRIMINAL LAW - appeal - sentencing - parity between co-offenders - whether difference between sentences imposed on co-offenders inadequately reflected disparity between actions - each offender convicted of manslaughter - co-offender administered blows with metal pole and punches to head of victim - applicant provided aid and encouragement and kicked victim - kicking not instrumental in causing death - trial judge found co-offender's offending more serious than that of applicant - applicant offered to plead to manslaughter - plea rejected - discount given for plea - whether 14-15% differential between sentences sufficient to reflect disparity

PROCEDURE - criminal appeal - whether further evidence should be accepted on appeal against sentence - solicitor's affidavit regarding offer to plead - additional evidence usually only admitted for purpose of re-sentencing - where material provided not useful in resolving matters in issue Legislation Cited: Criminal Appeal Act 1912 (NSW), s 6 Cases Cited: Green v The Queen; Quinn v The Queen [2011] HCA 49; 244 CLR 462 House v The King [1936] HCA 40; 55 CLR 499 Carney v R; Cambey v R [2011] NSWCCA 223 Category: Principal judgment Parties: Luke Joseph Cambey (Applicant) Regina (Respondent) Representation: Counsel: