Mitchell v R; Mitchell v R [2013] NSWCCA 318

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Mitchell v R; Mitchell v R [2013] NSWCCA 318 Hearing dates: 12 December 2013 Decision date: 12 December 2013 Before: Ward JA at [1] Harrison J at [2] R A Hulme J at [3] Decision: 1. Leave to appeal granted. 2. Appeal allowed. 3. Quash the sentences imposed in the District Court on 27 March 2013. 4. In lieu, each offender sentenced to imprisonment comprising a non-parole period of 6 months with a balance of the term of the sentence of 3 months. The sentences are to date from 12 September 2012. Direct release on parole upon the expiration of the non-parole period on 11 March 2013. The total term of the sentence expired on 11 June 2013. Catchwords: CRIMINAL LAW - sentence - appeal - manifest excess - aggravated break enter with intent to steal - low range of seriousness - young adult offenders - first time in custody - three year starting point - manifest excess established Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Dinsdale v R [2000] HCA 54; (2000) 202 CLR 321 Hili v The Queen [2010] HCA 45; (2010) 242 CLR 520 Category: Principal judgment Parties: Michael Mitchell (Applicant) Paul Mitchell (Applicant) Regina (Respondent) Representation: Counsel: Ms S Kluss (Applicants) Ms H Wilson SC (Crown) Solicitors: The Law Company Solicitor for Public Prosecutions File Number(s): 2012/284904; 2012/284914 Decision under appeal Jurisdiction: 9101 Date of Decision: 2013-03-27 00:00:00 Before: Robison DCJ File Number(s): 2012/284904; 2012/284914