WALLACE, Mark Phillip v Regina [2014] NSWCCA 54

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: WALLACE, Mark Phillip v Regina [2014] NSWCCA 54 Hearing dates: 12 February 2014 Decision date: 15 April 2014 Before: Emmett JA at [1]; Hall J at [7]; RS Hulme AJ at [89] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIMINAL LAW - sentence appeal - application for leave - one count of aggravated break and enter and commit serious indictable offence contrary to s 112(2) of the Crimes Act 1900 - one count of common assault contrary to s 61 of the Crimes Act 1900 - whether trial judge failed to have regard to or any proper regard to the applicant's ameliorative conduct - consideration of Thewlis v The Queen [2008] NSWCCA 176 - the sentencing judge had specific regard to the post-offence conduct of the applicant and made appropriate allowance for it, along with other subjective factors - sentence imposed by the sentencing judge was well within the range - no lesser sentence is warranted - leave granted - appeal dismissed Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 Porter v The Queen [2008] NSWCCA 145 R v Ellis (1986) 6 NSWLR 603 Ruttley v R [2010] NSWCCA 118 Thewlis v The Queen [2008] NSWCCA 176 Category: Principal judgment Parties: Mark Phillip Wallace (Applicant) Regina (Respondent) Representation: Counsel: KJ Averre (Applicant) T Smith (Respondent) Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2011/328960 Decision under appeal Jurisdiction: 9101 Date of Decision: 2012-10-03 00:00:00 Before: Marien SC DCJ File Number(s): 2011/328960