R v Robinson [2014] NSWCCA 12

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Robinson [2014] NSWCCA 12 Hearing dates: 4 February 2014 Decision date: 20 February 2014 Before: Basten JA at [1]; Hidden J at [68]; R S Hulme AJ at [72] Decision: (1) Allow the appeal and set aside the sentence imposed on the respondent in the District Court on 21 June 2013. (2) Sentence the respondent to a non-parole period of 3 years with an additional term of 2 years 3 months, to date from 5 July 2012. The respondent will be eligible for conditional release on 4 July 2015. His sentence will expire on 4 October 2017. Catchwords: CRIMINAL LAW - prosecution appeal against leniency of sentence - grounds for intervention - relevance of failure by sentencing judge to refer to prescribed penalties- relevance of failure to consider good behaviour bond - whether there was a failure to take criminal history into account - whether sentencing judge took into account Form 1 offence - failure to comply with Crimes (Sentencing Procedure) Act 1999 (NSW), s 23 when discounting for assistance to law enforcement authorities - whether sentence imposed was manifestly inadequate

CRIMINAL LAW - prosecution appeal - sentence - residual discretion to reject appeal where inadequacy established -failure by prosecutor to address at the time of sentencing that a minimum term of two years would be inadequate. Legislation Cited: Crimes Act 1900 (NSW), s 112 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 9, 21A, 22, 23, 44, 54A, 54B, 54D Criminal Appeal Act 1912 (NSW), ss 5D, 5DA Cases Cited: Abbas v R [2013] NSWCCA 115 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 Munda v Western Australia [2013] HCA 38; 87 ALJR 1035 R v Amohanga and Rai [2005] NSWCCA 249; 155 A Crim R 202 R v Borkowski [2009] NSWCCA 102; 195 A Crim R 1 R v Dole and Nguyen [2010] NSWCCA 101. R v DW [2012] NSWCCA 66; 221 A Crim R 63 R v McNaughton [2006] NSWCCA 242; 66 NSWLR 566 R v Moon [2000] NSWCCA 534; 117 A Crim R 497 R v Osenkowski (1983) 30 SASR 212 R v Thomson and Houlton [2000] NSWCCA 309; 49 NSWLR 383 Western Australia v Munda [2012] WASCA 164; 43 WAR 137 Category: Principal judgment Parties: Regina (Appellant) Daniel James Robinson (Respondent) Representation: Counsel: