Carroll v R [2015] NSWCCA 219

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Carroll v R [2015] NSWCCA 219 Hearing dates: 24 March 2015 Date of orders: 19 August 2015 Decision date: 19 August 2015 Before: Hoeben CJ at CL at [1] Adams J at [2] McCallum J at [3] Decision: Time within which the applicant may appeal against his sentences extended to 11 November 2014. Leave to appeal granted. Commencement date for the offence of specially aggravated kidnapping backdated to 23 September 2011. The sentence imposed for the offence of specially aggravated kidnapping varied so as to commence on 23 September 2011 with a non-parole period of 4 years and 6 months expiring on 22 March 2016 and a balance of term of 2 years and 8 months expiring on 22 November 2018. Applicant eligible for release on parole upon the expiration of the non-parole period on 22 March 2016. Catchwords: CRIMINAL LAW – appeal – sentencing – where applicant sentenced by same judge on same day for entirely separate offences – judge publishing two separate judgments – inconsistent findings as to subjective case – whether truncation of remarks resulted in failure properly to apply principle of totality Legislation Cited: Crimes Act 1900 (NSW), ss 6, 52A(2) Criminal Appeal Act 1912 (NSW), s 5 Drug Misuse and Trafficking Act 1985 (NSW), s 10 Poisons and Therapeutic Goods Act 1966 (NSW), s 16 Police Act 1900 (NSW), s 203 Weapons Prohibition Act 1998 (NSW), s 7 Cases Cited: Green v R; Quinn v R [2011] HCA 49 Kentwell v R [2014] HCA 37 Postiglione v R (1996) 189 CLR 295 R v Close (1992) 31 NSWLR 743 R v JRD [2007] NSWCCA 55 R v Koosman [2004] NSWCCA 359 R v Whyte (2002) 55 NSWLR 252 Category: Principal judgment Parties: Shane Carroll (Applicant) Regina (Respondent) Representation: Counsel: T Game SC with G Huxley (Applicant) K Alder (Respondent)