A103 v R [2015] NSWCCA 210

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: A103 v R [2015] NSWCCA 210 Hearing dates: 28 April 2015 Date of orders: 06 August 2015 Decision date: 06 August 2015 Before: Hoeben CJ at CL at [1] Hall J at [2] McCallum J at [3] Decision: Leave to appeal granted. Appeal allowed. Sentences passed at first instance quashed. Applicant sentenced to an aggregate term of imprisonment with a non-parole period of 4 years commencing on 14 August 2011 and expiring on 13 August 2015 and a balance of term of 2 years expiring on 13 August 2017. Catchwords: CRIMINAL LAW – appeal – sentencing – whether specific error established – whether sentence manifestly excessive Legislation Cited: Crimes Act 1900 (NSW), s 112 Criminal Appeal Act 1912 (NSW), s 6 Crimes (Sentencing Procedure) Act 1999 (NSW), s 44 Cases Cited: Markarian v R [2005] HCA 25; (2006) 228 CLR 357 Category: Principal judgment Parties: A103 (applicant) Regina (respondent) Representation: Counsel: Applicant in person N Williams (respondent)

Solicitors: Applicant self-represented Director for Public Prosecutions (respondent) File Number(s): 2011/189108 Publication restriction: The applicant in these proceedings is to be referred to as A103. Decision under appeal Court or tribunal: District Court Date of Decision: 23 November 2012 Before: Conlon SC DCJ File Number(s): 2011/189108 2011/278485 2012/55956