Convery v R [2014] NSWCCA 93

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Convery v R [2014] NSWCCA 93 Hearing dates: 27 May 2014 Decision date: 27 May 2014 Before: Simpson J at [1] Adams J at [2] McCallum J at [5] Decision: Leave to appeal granted; appeal allowed; sentence imposed at first instance for the offence of assaulting a police officer occasioning actual bodily harm quashed and in lieu thereof applicant sentenced to a term of imprisonment with a non-parole period of twenty months commencing on 1 October 2012 and expiring on 31 May 2014 and a balance of term of thirty months expiring on 30 November 2016. Catchwords: CRIMINAL APPEAL - sentence appeal -where pleas of guilty entered at earliest opportunity - sentencing judge's remarks on sentence silent as to plea or discount - length of head sentence revealing discount must have been miscalculated, not allowed or overlooked - Crown conceding appeal should be allowed Legislation Cited: Crimes Act 1900, s 60(2) Crimes (Sentencing Procedure) Act 1999, s 54A Cases Cited: Collier v R [2012] NSWCCA 213 R v Thomson; R v Houlton [2000] 49 NSWCCA 309; (2000) 49 NSWLR 383 Texts Cited: Judge Peter Berman SC, 'The Art of Sentencing' (Paper presented at Local Court Annual Conference, 2013) Category: Principal judgment Parties: Amanda Convery (applicant) Regina (respondent) Representation: Counsel: H Cox (applicant) J Girdham SC (Crown) Solicitors: Aboriginal Legal Services Ltd (applicant) Solicitor for Public Prosecutions (respondent) File Number(s): 2012/102298 Publication restriction: None Decision under appeal Date of Decision: 2013-02-28 00:00:00 Before: Berman DCJ File Number(s): 2012/102298