Newton v R [2014] NSWCCA 41

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Newton v R [2014] NSWCCA 41 Hearing dates: 24 March 2014 Decision date: 02 April 2014 Before: Macfarlan JA at [1] Adamson J at [2] Bellew J at [57] Decision: Leave to appeal granted. Appeal dismissed. Catchwords: CRIMINAL LAW - sentences - totality principle - accumulation of sentences - whether sentence was manifestly excessive - break and enter - drive whilst disqualified - lengthy criminal record Legislation Cited: Crimes Act 1900 (NSW), s 112 Crimes (Sentencing Procedure) Act 1999, s 21A, s 44. Cases Cited: Muldrock v The Queen [2011] HCA 39; 244 CLR 120 Postiglione v The Queen [1997] HCA 26; (1997) 189 CLR 295 R v Hayes [1984] 1 NSWLR 740 R v MAK; R v MSK [2006] NSWCCA 381; 167 A Crim R 159 Category: Principal judgment Parties: Brett Ian Newton (Appellant) Regina (Respondent) Representation: Counsel: C Smith (Applicant) Ms H Wilson SC (Respondent) Solicitors: SE O'Connor - Legal Aid NSW (Applicant) S Kavanagh - Solicitor for Public Prosecutions (Respondent) File Number(s): 2012/336647 Publication restriction: Nil Decision under appeal Date of Decision: 2013-05-16 00:00:00 Before: Arnott DCJ File Number(s): 2012/336647

Judgment 1MACFARLAN JA: I agree with Adamson J. 2ADAMSON J: The applicant seeks leave to appeal against a sentence passed by Judge Arnott in the District Court on 16 May 2013 of 3 years' imprisonment with a non-parole period of 18 months following his plea of guilty to break and enter a dwelling house and commit a serious indictable offence (stealing) in contravention of s 112(1) of the Crimes Act 1900 (NSW). A 25% discount was allowed for the plea of guilty. The offence carried a maximum penalty of 14 years imprisonment.