Mitchell v R [2014] NSWCCA 63

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Mitchell v R [2014] NSWCCA 63 Hearing dates: 4 April 2014 Decision date: 17 April 2014 Before: R A Hulme J at [1] Davies J at [26] Adamson J at [27] Decision: 1. Extension of time in which to apply for leave to appeal granted. 2. Leave to appeal granted. 3. Appeal allowed. 4. Sentence imposed in the District Court on 27 March 2013 quashed. 5. In lieu, sentenced to imprisonment comprising a non-parole period of 1 year and a balance of the term of the sentence of 10 months. The sentence is to date from 12 September 2012. The non-parole period expired on 11 September 2013 and the total term will expire on 11 July 2014. Catchwords: CRIMINAL LAW - appeal against sentence - applicant not at fault for delay in bringing application for leave to appeal - application for extension of time granted - finding that objective seriousness was in the "lower end of the range" warranted a lesser sentence - applicant's sentence should be higher than co-offenders in proportion to greater moral culpability and less favourable subjective features - leave to appeal granted - appeal allowed Legislation Cited: Crimes Act 1900 (NSW) Cases Cited: Lowe v The Queen [1984] HCA 46; 154 CLR 606 Mitchell v R; Mitchell v R [2013] NSWCCA 318 Category: Principal judgment Parties: Allan James Mitchell (Applicant) Regina (Respondent) Representation: Counsel: Mr D Dalton SC (Applicant) Ms H Wilson SC (Crown) Solicitors: The Law Company Solicitor for Public Prosecutions File Number(s): 2012/284907 Decision under appeal Jurisdiction: 9101 Date of Decision: 2013-03-27 00:00:00 Before: Robison DCJ File Number(s): 2012/284907