DS v R (No 2) [2013] NSWCCA 313

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: DS v R (No 2) [2013] NSWCCA 313 Hearing dates: 30 July 2013 Decision date: 13 December 2013 Before: Beazley P; Harrison J; McCallum J Decision: 1. Vacate the sentence imposed on the appellant by this Court on 26 July 2012 in respect of count 3; 2. Re-sentence the appellant in respect of count 3 to a non-parole period of 4 years and 6 months to commence on 20 May 2010 and to expire on 19 November 2014 and an additional term of 1 year 6 months commencing on 20 November 2014 and to expire on 19 May 2016. Catchwords: CRIMINAL LAW - sentence - application to vary sentence imposed by the Court of Criminal Appeal - Criminal Appeal Rules, r 50C - application by letter - application by letter sufficient under r 50C pursuant to Criminal Appeal Rules, r 2.

CRIMINAL LAW - sentence - non-parole period or minimum term - Muldrock v The Queen [2011] HCA 39; 244 CLR 120 - whether appellant ought to be re-sentenced because of the Crown's erroneous concession on the appeal as to the standard non-parole period. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002 Crimes (Sentencing Procedure) Amendment Act 2007 Criminal Appeal Rules Cases Cited: DS v Regina [2012] NSWCCA 159 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 R v Green and Quinn [2011] NSWCCA 71 Category: Interlocutory applications Parties: DS (Appellant) Regina (Respondent) Representation: Counsel: W P Lowe (Appellant) S Dowling (Respondent) Solicitors: M Rumore (Appellant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2008/17318009 Publication restriction: No Decision under appeal Jurisdiction: 9101 Date of Decision: 2007-07-01 00:00:00 Before: Syme DCJ File Number(s): 2008/17318