Simms v R [2014] NSWCCA 286

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Simms v R [2014] NSWCCA 286 Hearing dates: 18 November 2014 Decision date: 28 November 2014 Before: Price J at [1]; McCallum J at [2]; R A Hulme J at [3] Decision: 1. Leave to appeal granted and appeal allowed. 2. Quash the sentence imposed in the District Court on 12 February 2014. 3. Sentenced to imprisonment comprising a non-parole period of 3 years 3 months commencing on 12 February 2014 and expiring on 11 May 2017 with a balance of the term of the sentence of 1 year 9 months concluding on 11 February 2019. Catchwords: CRIMINAL LAW - appeal against sentence - intentionally destroying property by fire - no failure to take subjective case into account - no error in finding that applicant had been subject to lengthy supervision in the community - sentence reflected worst or close to worst category of offence - to be expected that sentencing judge would have expressed finding of worst category if found - offence fell above mid-range but not at or near top of range - sentence manifestly excessive Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 NSW Cases Cited: Bugmy v The Queen [2013] HCA 37; 249 CLR 571 Category: Principal judgment Parties: Dane Frederick Simms (Applicant) Regina (Respondent) Representation: Counsel: Ms H Cox (Applicant) Mr N J Adams (Crown) Solicitors: Legal Aid NSW Solicitor for Public Prosecutions File Number(s): 2013/236076 Decision under appeal Date of Decision: 2014-02-12 00:00:00 Before: Syme DCJ File Number(s): 2013/236076