R v Reeves [2014] NSWCCA 154

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Reeves [2014] NSWCCA 154 Hearing dates: 23 May 2014 Decision date: 18 August 2014 Before: Bathurst CJ; Hall J; R A Hulme J Decision: (1) Crown appeal against sentence allowed. (2) Sentences imposed by the District Court on 1 July 2011 be set aside. (3) The respondent is re-sentenced as follows: (i) In respect of the offence of dishonestly obtain benefit by deception contrary to s 178BA of the Crimes Act, the respondent is sentenced to a term of imprisonment comprising a non-parole period of 1 year 3 months commencing on 1 June 2011 and to expire on 31 August 2012 with a parole period of 6 months to expire on 28 February 2013. (ii) In respect of the offence of aggravated indecent assault of CA contrary to s 61M(1) of the Crimes Act, the respondent is sentenced to a term of imprisonment comprising a non-parole period of 1 year 2 months commencing on 1 June 2012 and to expire on 31 July 2013 and a parole period of 4 months to expire on 30 November 2013. (iii) In respect of the offence of maliciously inflict grievous bodily harm with intent contrary to s 33 of the Crimes Act, the respondent is sentenced to a term of imprisonment comprising a non-parole period of 1 year commencing on 1 June 2013 and expiring on 31 May 2014 with a parole period of 2 years to expire on 31 May 2016. (4) The Court notes that the non-parole period in respect of the sentence in (iii) above expired on 31 May 2014. Accordingly, the respondent is to remain on parole. Catchwords: CRIMINAL LAW - Crown appeal against sentence - further hearing of appeal on remittal from the High Court of Australia - sentence imposed at first instance was manifestly inadequate - exercise of the residual discretion pursuant to s 5D of the Criminal Appeal Act 1912 - consideration of factors relevant to the exercise of the residual discretion - respondent's deteriorating health since sentencing - the effect of re-sentencing on the respondent's rehabilitation - expiration of the non-parole period imposed at first instance - delay in hearing of the appeal - time spent in quasi custody - respondent re-sentenced Legislation Cited: Crimes Act 1900 (NSW) Criminal Appeal Act 1912 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Brown v R [2013] NSWCCA 44 Bugmy v The Queen [2013] HCA 37; 249 CLR 571 Director of Public Prosecutions v Karazisis [2010] VSCA 350; 31 VR 634 Green v R; Quinn v R [2011] HCA 49; 244 CLR 462 R v Allpass (1993) 72 A Crim R 561 R v Anderson [2012] NSWCCA 175 R v Borkowski [2009] NSWCCA 102; 195 A Crim R 1 R v Deng [2007] NSWCCA 216; 176 A Crim R 1 R v DKL [2013] NSWCCA 233 R v Hansel [2004] NSWCCA 436 R v Hernando [2002] NSWCCA 489; 136 A Crim R 451 R v JW [2010] NSWCCA 49; 77 NSWLR 7 R v Todorovic [2008] NSWCCA 49 R v Tortell [2007] NSWCCA 313 R v Yang [2002] NSWCCA 464; 135 A Crim R 237 Reeves v R; R v Reeves [2013] NSWCCA 34 Reeves v The Queen [2013] HCA 57; 88 ALJR 215 Renshaw v R [2012] NSWCCA 91 Category: Principal judgment Parties: Regina (Appellant) Graeme Stephen Reeves (Respondent) Representation: Counsel: P Ingram SC (Crown) G Bashir; S Beckett (Respondent) Solicitors: Solicitor for Public Prosecutions (Crown) Legal Aid Commission (Respondent) File Number(s): 2008/77882 Decision under appeal Jurisdiction: 9101 Date of Decision: 2011-07-01 00:00:00 Before: Woods QC DCJ File Number(s): 2008/77882