Glare v R [2015] NSWCCA 194

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Glare v R [2015] NSWCCA 194 Hearing dates: 17 July 2015 Date of orders: 22 July 2015 Decision date: 22 July 2015 Before: Leeming JA at [1] Hamill J at [2] Fagan J at [32] Decision: (1) Grant the application for leave to appeal against sentence and allow the appeal. (2) Quash the sentence imposed in the District Court and in lieu thereof the applicant is sentenced to an aggregate sentence comprising an aggregate non-parole period of one year and three months commencing 30 March 2014 and expiring 29 June 2015 with a balance of term of one year and three months commencing 30 June 2015 and expiring 29 September 2016. (3) Pursuant to s 50(1) Crimes (Sentencing Procedure) Act 1999 (NSW), order that the applicant is to be released on parole at the conclusion of the non-parole period. Note that the non-parole period has expired and that the applicant is entitled to be released forthwith. (4) Pursuant to s 51(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW) order that the applicant's parole be subject to the usual conditions under the Crimes (Administration of Sentences) Act 1999 (NSW) including a condition that the applicant is to obey the reasonable directions of the probation and parole service including such directions as to counselling in relation to drug rehabilitation as the officers of that service may provide. Catchwords: CRIMINAL LAW – sentencing – aggregate sentence – necessary to record indicative sentences for individual offences taking into account reduction for plea of guilty – error disclosed – applicant re-sentenced Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Cases Cited: Attorney General's Application (No 1); R v Ponfield and Ors [1999] NSWCCA 435; 48 NSWLR 327 Attorney General's Reference No 1 of 2002 [2002] NSWCCA 518; 56 NSWLR 146 Green and Quinn v The Queen [2011] HCA 49; 244 CLR 462 Kentwell v The Queen [2014] HCA 37; 313 ALR 451 Pearce v The Queen [1998] HCA 57; 194 CLR 610 Postiglione v The Queen [1997] HCA 26;189 CLR 295 R v Cahill [2015] NSWCCA 53 Category: Principal judgment Parties: Christopher James Glare (Applicant) Crown (Respondent) Representation: Counsel: P Coady (Applicant) N Adams (Respondent)