Prince v R [2013] NSWCCA 274

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Prince v R [2013] NSWCCA 274 Hearing dates: 13 September 2013 Decision date: 18 November 2013 Before: Gleeson JA at [1] McCallum J at [2] Schmidt J at [4] Decision: 1. The conviction appeal is dismissed. 2. Leave to appeal on sentence is granted. 3. The sentences imposed by King DCJ be quashed and in lieu the appellant be sentenced as follows: On the s 93C affray charge a fixed term of imprisonment of 18 months commencing on 20 January 2012 and expiring on 19 July 2013. On the s 33 wounding offence a non-parole period of 3 years, 6 months commencing on 20 July 2012 and expiring on 19 January 2016, with a balance of term of 2 years, commencing on 20 January 2016 and expiring on 19 January 2018. The first date the appellant is eligible for release on parole is 20 January 2016. Catchwords: CRIMINAL LAW - appeal against sentence - appeal against s 33 offence - error in sentencing - whether an error in the directions given in relation to the alternative charge of reckless wounding in company - whether the verdict in relation to the affray charge was unreasonable and incapable of being supported by the evidence - whether the sentence imposed was manifestly excessive and/or it was not open to the trial judge to sentence the appellant on the basis that he inflicted the wounds - special circumstances - conviction appeal dismissed - leave to appeal on sentence granted - sentences quashed - re-sentenced Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bourke v The Queen [2010] NSWCCA 22; (2010) 199 A Crim R 38 Bugmy v The Queen [2013] HCA 37 Cahyadi v The Queen [2007] NSWCCA 1; (2007) 168 A Crim R 41 Libke v R [2007] HCA 30; (2007) 230 CLR 559 M v The Queen [1994] HCA 63; (1994) 181 CLR 487 Markarian v R [2005] HCA 25; (2005) 228 CLR 357 Munda v Western Australia [2013] HCA 38 Neal v The Queen [1982] HCA 55; (1982) 149 CLR 305 R v Engert (1995) 84 A Crim R 67 R v Fernando (1992) 76 A Crim R 58 R v Simpson [2001] NSWCCA 534; (2001) 53 NSWLR 704 SKA v The Queen [2011] HCA 13; 243 CLR 400 Category: Principal judgment Parties: Ian Scott Prince Regina Representation: Counsel: Mr G Newton, counsel (Appellant) Mr P Ingram SC (Crown) Solicitors: J Curtis (Appellant) S Kavanagh, solicitor for Public Prosecutions (Crown) File Number(s): 2010/227479 Publication restriction: None Decision under appeal Jurisdiction: 9101 Date of Decision: 2012-05-04 00:00:00 Before: King DCJ File Number(s): 2010/227479