Hohaia v R [2015] NSWCCA 91

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hohaia v R [2015] NSWCCA 91 Hearing dates: 2 April 2015 Decision date: 11 May 2015 Before: Simpson J at [1]; Harrison J at [42]; Adamson J at [43] Decision: (1) The time within which to file an application for leave to appeal extended to 28 June 2013;

(2) Leave to appeal granted;

(3) Appeal allowed, sentence imposed in respect of the charge of murder set aside;

(4) Applicant sentenced to imprisonment for 24 years commencing on 4 December 2003 and expiring on 3 December 2027, with a non-parole period of 18 years, expiring on 3 December 2021, with a balance of term of 6 years. Catchwords: APPEAL - sentencing - murder - robbery in company - "Muldrock error" - consideration of subjective circumstances and rehabilitation of applicant - appeal allowed - applicant re-sentenced Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), Pt 4 Div 1A, s 44(2), s 54A(2), s 54B Crimes Act 1900 (NSW), s 18, s 19A(1), s 59, s 97(1) Criminal Appeal Act 1912 (NSW), s 6(3), s 10(1)(a) Criminal Appeal Rules, r 3B(1)(b) Cases Cited: BP v R [2010] NSWCCA 159; 201 A Crim R 379 Kentwell v The Queen [2014] HCA 37; 313 ALR 451 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 Parker v Director of Public Prosecutions (1992) 28 NSWLR 282 R v Way [2004] NSWCCA 131; 60 NSWLR 168 Category: Principal judgment Parties: John Hohaia (Applicant) Regina (Respondent) Representation: Counsel: B Rigg (Applicant) T Smith (Respondent)