Kuehne v R [2014] NSWCCA 22

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Kuehne v R [2014] NSWCCA 22 Hearing dates: 26 February 2014 Decision date: 28 February 2014 Before: Hoeben CJ at CL at [1] Adams J at [2] R A Hulme J at [3] Decision: 1. Appeal against sentence allowed. 2. Quash the sentence imposed by English DCJ on 27 November 2009. 3. In lieu thereof, sentence the appellant to imprisonment comprising a non-parole period of 4 years 6 months and a balance of the term of the sentence of 1 year 6 months. The sentence is to date from 3 December 2008. The non-parole period expired on 2 June 2013 and the total term will expire on 2 December 2014. Catchwords: CRIMINAL LAW - appeal against sentence - referral to the Court under Part 7 of the Crimes (Appeal and Review) Act 2001 - Muldrock error conceded - progress towards rehabilitation contrasted to negative assessment at time of sentence - lesser sentence warranted - appeal allowed Legislation Cited: Crimes Act 1900 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Criminal Appeal Act 1912 (NSW) Cases Cited: Application by Walter James Kuehne pursuant to s 78 Crimes (Appeal and Review) Act 2001 [2013] NSWSC 1537 Carlton v R [2014] NSWCCA 14 Kuehne v R [2011] NSWCCA 101 Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 Category: Principal judgment Parties: Walter James Kuehne (Appellant) Regina (Respondent) Representation: Counsel: Mr C Smith (Appellant) Ms S Dowling SC (Crown) Solicitors: Legal Aid NSW Solicitor for Public Prosecutions File Number(s): 2008/10708 Decision under appeal Jurisdiction: 9101 Date of Decision: 2009-11-27 00:00:00 Before: English DCJ File Number(s): 2008/10708