Powell v R [2014] NSWCCA 69

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Powell v R [2014] NSWCCA 69 Hearing dates: 14 March 2014 Decision date: 07 May 2014 Before: Basten JA at [1]; Button J at [2]; RS Hulme AJ at [42] Decision: (1) Leave to appeal granted with regard to count three. (2) Appeal allowed with regard to count three. (3) Sentence on count three quashed. (4) On count three, the applicant is sentenced to a non-parole period of 4 years to date from 3 June 2013 and expire on 2 June 2017, with a balance of term of 3 years to commence on 3 June 2017 and expire on 2 June 2020. (5) The first date upon which the applicant will be eligible for consideration for release is 3 June 2017. Catchwords: CRIMINAL - appeal against sentence - offence of firing a firearm at a dwelling house with reckless disregard for the safety of any person pursuant to s 93GA(1) of the Crimes Act 1900 (NSW) - whether sentence manifestly excessive in light of objective seriousness Legislation Cited: Crimes Act 1900 (NSW), ss 33B(2), 93GA(1), 117 Firearms Act 1996 (NSW), s 4 Category: Principal judgment Parties: Kiall Stephen Powell (Applicant) Regina (Respondent) Representation: Counsel: R Pontello (Applicant) V Lydiard (Respondent) Solicitors: Benjamin & Leonardo (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2011/184064 Decision under appeal Date of Decision: 2012-07-13 00:00:00 Before: Judge Conlon File Number(s): 2011/184064