Matthews v R [2014] NSWCCA 185

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Matthews v R [2014] NSWCCA 185 Hearing dates: 8 September Decision date: 17 September 2014 Before: Macfarlan JA at [1]; Fullerton J at [2]; Hamill J at [3]. Decision: (1) Application for leave to appeal granted. (2) Appeal allowed. (3) The sentences imposed in the District Court are quashed and in lieu thereof the offender is sentenced: (a) In respect of sequence 1, to a non-parole period of 12 months commencing on 29 May 2014 and expiring on 28 May 2015 with a balance of term of 12 months. (b) In respect of sequence 2, to a non-parole period of 12 months commencing on 29 August 2014 and expiring on 28 August 2015 with a balance of term of 12 months expiring on 28 August 2016 (4) The applicant is to be released to parole at the expiration of the non-parole period for sequence 2. Catchwords: CRIMINAL LAW - SENTENCE - appeal - commencement date of sentence - commencement date contrary to statute - adjustment of sentence by sentencing Judge - slip rule - correction of sentence under s 43 Crimes (Sentencing Procedure) Act - increase of effective sentence in correcting sentence - error - principle of finality - maintenance of findings as to totality - manifest excess - unsophisticated fraud offences - proportionality - accumulation and special circumstances - sentence quashed and new sentence imposed Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Achurch v The Queen [2014] HCA 10 Dinsdale v The Queen [2000] HCA 54; (2000) 202 CLR 321 Ghamaraoui v R [2009] NSWCCA 111 Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357 Perry v R [2006] NSWCCA 351; (2006) 166 A Crim R 385 R v Hawkins (1989) 45 A Crim R 430 R v Simpson (1992) 61 A Crim R 58 Thompson-Davis v R [2013] NSWCCA 75 Veen v The Queen (No 2) (1988) 164 CLR 465 Category: Principal judgment Parties: Shaun Harvey Matthews (Applicant) Crown (Respondent) Representation: Counsel: B Rigg (Applicant) N Williams (Respondent) Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2013/120644 Publication restriction: Nil Decision under appeal Date of Decision: 2013-11-14 00:00:00 Before: McLoughlin SC DCJ File Number(s): 2013/120644