Whiley v R [2014] NSWCCA 164

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Whiley v R [2014] NSWCCA 164 Hearing dates: 3 April 2014 Decision date: 20 August 2014 Before: Bathurst CJ at [1]; Hoeben CJ at CL at [2]; Adams J at [3]. Decision: 1. Time to appeal extended. 2. Grant leave to appeal against sentence. 3. The sentences for charges one and three be quashed and in lieu thereof the following sentences be imposed - (i) as to charge one, a non-parole period of 9 months commencing on 20 October 2010 and expiring on 19 July 2011 with an additional term of 3 months commencing 20 July 2011 and expiring on 19 October 2011; (ii) as to charge three, a non-parole period commencing 20 June 2011 and expiring 19 March 2012 with an additional term of 3 months commencing 20 March 2012 and ending on 19 June 2012. (iii) In all other respects the sentences remain unchanged. Catchwords: CRIMINAL LAW - sentence appeal - whether manifestly excessive - whether primary judge erred in failing to apply a discount pursuant to s 23(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW) Legislation Cited: Crimes Act 1900 (NSW), ss 192E(1)(a), 91H(2) Child Protection (Offenders Registration) Act 2000 (NSW), s 17(1) Crimes (Sentencing Procedure) Act 1999 (NSW), s 23 Criminal Appeal Act 1912 (NSW), s 6(3) Cases Cited: RJT v R (2012) 218 A Crim R 490 Pearce v The Queen [1998] HCA 57; 194 CLR 610 Category: Principal judgment Parties: Grant Neville Whiley (Applicant) Regina (Respondent) Representation: Counsel: P Lange (Applicant) R Herps (Respondent) Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2010/350380; 2011/71824 Decision under appeal Jurisdiction: 9101 Date of Decision: 2012-10-26 00:00:00 Before: Solomon DCJ File Number(s): 2010/350380; 2011/71824