R v Wood [2015] NSWCCA 231

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Wood [2015] NSWCCA 231 Hearing dates: 1 June 2015 Decision date: 28 August 2015 Before: Gleeson JA at [1] Johnson J at [2] Garling J at [76] Decision: (a) Crown appeal allowed;

(b) sentence imposed upon the Respondent on 10 December 2014 is set aside;

(c) in its place, the Respondent is sentenced to imprisonment comprising a non-parole period of one year and 10 months commencing on 10 December 2014 and expiring on 9 October 2016, with a balance of term of 11 months commencing on 10 October 2016 and expiring on 9 September 2017;

(d) for the purpose of s.50 Crimes (Sentencing Procedure) Act 1996, the Respondent is to be released to parole on 10 October 2016. Catchwords: CRIMINAL LAW – Crown appeal – sentencing – Respondent pleaded guilty to one count of possessing child abuse material (s.91H(2) Crimes Act 1900 (NSW)) – sentence imposed in District Court of two years and nine months' imprisonment with a non-parole period of 12 months – whether head sentence and/or non-parole period manifestly inadequate – head sentence of two years and nine months imprisonment not "unreasonable or plainly unjust" – head sentence not manifestly inadequate - non-parole period of 12 months failed to reflect objective gravity of offending and heightened need for general deterrence – non-parole period manifestly inadequate – residual discretion to resentence the Respondent exercised – Respondent resentenced Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Criminal Appeal Act 1912 Criminal Procedure Act 1986 Cases Cited: Bugmy v The Queen [2013] HCA 37; 249 CLR 571 CMB v Attorney General (NSW) [2015] HCA 9; 89 ALJR 407 Hejazi v R [2009] NSWCCA 282 Lowndes v The Queen [1999] HCA 29; 195 CLR 665 Maglis v R [2010] NSWCCA 247 Markarian v The Queen [2005] HCA 25; 228 CLR 357 PK v R [2012] NSWCCA 263 R v De Leeuw [2015] NSWCCA 183 R v GWM [2012] NSWCCA 240 R v McNaughton [2006] NSWCCA 242; 66 NSWLR 566 R v Porte [2015] NSWCCA 174 R v Simpson [2001] NSWCCA 534; 53 NSWLR 704 Zreika v R [2012] NSWCCA 44; 223 A Crim R 460 Category: Principal judgment Parties: Regina (Appellant) Calvyn John Wood (Respondent) Representation: Counsel: Mr K McKay (Appellant) Mr S Odgers SC (Respondent) File Number(s): 2013/223566 Decision under appeal Court or tribunal: Parramatta District Court Date of Decision: 10 December 2014 Before: Judge Williams SC File Number(s): 2013/223566