Horne v R [2014] NSWCCA 133

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Horne v R [2014] NSWCCA 133 Hearing dates: 15 May 2014 Decision date: 23 July 2014 Before: Basten JA at [1]; R A Hulme J at [2]; Campbell J at [3] Decision: (1) Leave to appeal granted. (2) Appeal allowed. (3) Quash the sentence imposed in the District Court on 8th March 2013 and instead sentence the applicant to a term of imprisonment having a non parole period of 4 years and 2 months commencing on 19th February 2013 and expiring on 18th April 2017, and an additional term of 2 years and 6 months commencing on 19th April 2017 and expiring on 18th October 2019. The earliest date upon which the applicant will be eligible for parole is 19th April 2017. (4) Pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW), the Court orders the information contained in the confidential judgment of the sentencing court delivered on 8th March 2013, the references to the evidence taken in closed court and the submissions about the subject matter of that judgment not be published. (5) Order (4) is made on the grounds identified in paragraphs (a) and (c) of s 8 of the Act as necessary to prevent prejudice to the proper administration of justice and the safety of the applicant. Catchwords: CRIMINAL LAW - appeal - sentencing - discount for guilty plea - discount for assistance to authorities - whether error in calculation CRIMINAL LAW - appeal - sentencing - parity between co-offenders CRIMINAL LAW -appeal - sentencing - whether failure to take into account relevant considerations - remorse - delay - rehabilitation Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW), ss 7, 8 Crimes (Sentencing Procedure) Act 1999 (NSW), s 23 Criminal Appeal Act 1912 (NSW), s 6 Criminal Case Conferencing Trial Act 2008 (NSW) (repealed), ss 4, 16, 17 and 62D Drug Misuse and Trafficking Act 1985 (NSW), s 25 Cases Cited: Burns v R [2010] NSWCCA 279; Green v The Queen; Quinn v The Queen [2011] HCA 49; (2011) 244 CLR 462; JMS v R [2010] NSWCCA 229; Lowe v The Queen (1984) 154 CLR 606; Lowndes v The Queen (1999) 195 CLR 665; R v Borkowski [2009] NSWCCA 102; (2009) 195 A Crim R 1; R v Ehrlich [2012] NSWCCA 38; (2012) 219 A Crim R 415; R v NP [2003] NSWCCA 195; R v Thomson; R v Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383; SZ v R (2007) 168 A Crim R 249; Waterways Authority v Fitzgibbon & Ors. [2005] HCA 57; 79 ALJR 1816 Category: Principal judgment Parties: Adam John William Horne (Applicant) Regina (Crown) Representation: Counsel: T A Game SC (Applicant) S Herbert (Crown) Solicitors: The Law Practice (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2008/255210 Decision under appeal Date of Decision: 2013-03-08 00:00:00 Before: Woods QC DCJ File Number(s): 2008/255210