Thomson v R [2014] NSWCCA 88

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Thomson v R [2014] NSWCCA 88 Hearing dates: 13 May 2014 Decision date: 21 May 2014 Before: Gleeson JA at [1]; R A Hulme J at [65]; Campbell J at [66] Decision: 1. Grant leave to appeal. 2. Appeal dismissed. Catchwords: CRIMINAL LAW - Appeal - Appeal against sentence - Procedural Fairness - Practical Injustice - Whether the ordering of an intensive corrections order assessment created an expectation that the imposed sentence would be no greater than 2 years and would be served by way of an intensive corrections order - Whether the applicant was denied the opportunity to make further submissions as to sentence Legislation Cited: Crimes Act (Cth) 1914 s17A, 20AB Crimes (Sentencing Procedure) Act 1999 (NSW) s 67, 69 Criminal Appeal Act 1912 (NSW) s 5(1)(c) Criminal Code (Cth) 1995 s 135.1(5) Cases Cited: Ng v R [2011] NSWCCA 227 Parker v DPP (1992) 28 NSWLR 282 R v Button [2010] NSWCCA 264 R v Glynatsis [2013] NSWCCA 131 R v Ivanovic [2009] NSWCCA 28 R v Purdon (NSWCCA 27 March 1997, unreported, BC9700950) R v Winchester (1992) 58 A Crim R 345 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam [2003] HCA 6; 214 CLR 1 Weir v R [2011] NSWCCA 123 Category: Principal judgment Parties: Murray Graham Thomson (Applicant) Regina (Crown) Representation: Counsel: G Brady (Applicant) R Ranken (Respondent Crown) Solicitors: Nyman Gibson Stewart (Applicant) Commonwealth Director for Public Prosecutions (Crown) File Number(s): 2012/196516 Decision under appeal Jurisdiction: 9101 Date of Decision: 2013-05-23 00:00:00 Before: Arnott DCJ File Number(s): 2012/196516