Hoskins v R [2015] NSWCCA 245

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hoskins v R [2015] NSWCCA 245 Hearing dates: 24 July 2015 Decision date: 11 September 2015 Before: Hoeben CJ at CL at [1] Hall J at [2] Button J at [3] Decision: (1) Leave to appeal granted. (2) Appeal allowed. (3) The aggregate sentence of 3 April 2014 is quashed. (4) The applicant is sentenced to an aggregate head sentence of imprisonment for four years to commence on 26 May 2013 and expire on 25 May 2017 with a non-parole period of 2 years to date from 26 May 2013 and expire on 25 May 2015. (5) The earliest possible date of release of the applicant to parole was 25 May 2015. Catchwords: CRIMINAL LAW – appeal against sentence – break, enter and steal offences – Form 1 offences taken into account – aggregate sentence imposed – whether the sentencing judge erred in concluding that the objective seriousness of the offences fell within the middle range – whether the sentencing judge misapplied the principles that are to be taken into account when sentencing by way of a Form 1 – whether the aggregate sentence is manifestly excessive – appeal allowed – applicant resentenced Legislation Cited: Crimes Act 1900 (NSW), ss 112(2), 109, 117 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 22, 32, 53A, 54B Cases Cited: Alpha v R [2015] NSWCCA 225 Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 Browning v R [2015] NSWCCA 147 Mitchell Allan v R; Mitchell Paul v R; Mitchell Michael v R [2014] NSWCCA 212 Mulato v R [2006] NSWCCA 282 R v Ellis (1986) 6 NSWLR 603 R v Rae [2013] NSWCCA 9 SHR v R [2014] NSWCCA 94 Category: Principal judgment Parties: Shane Hoskins (Applicant) Regina (Respondent) Representation: Counsel: P Coady (Applicant) M Cinque (Respondent)