Charnock v R [2015] NSWDC 361

District Court New South Wales

Medium Neutral Citation: Charnock v R [2015] NSWDC 361 Decision date: 10 November 2015 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: Leave granted to withdraw conviction appeal. Application to set aside guilty plea dismissed.

Sentence appeal allowed. Sentences set aside and under s 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 without proceeding to conviction, the appellant is found guilty and the charges are dismissed. Catchwords: CRIMINAL LAW – appeal against sentence – particular offences – reckless damage – trespass on train lines – youth of appellant – 20 years old – minor antecedents – spent two nights in custody – traumatising and sobering experience – specific deterrence – no conviction recorded Legislation Cited: Crimes Act 1900 (NSW) 195(1)(a) Crimes (Appeal and Review) Act 1999 (NSW), s 20 Crimes (Sentencing Procedure) Act 1999 (NW), s 10(1)(a) Passenger Transport Regulation 2007 (NSW), r 68J(1)(b) Category: Principal judgment Parties: Cody Charnock (Appellant) Regina (Crown) (Respondent) Representation: Solicitors: S Moore, Moore Law Firm (Appellant) M Fay, Office of the Director of Public Prosecutions (NSW) (Respondent) File Number(s): 2015/232077 Decision under appeal Court or tribunal: Local Court Jurisdiction: Criminal Date of Decision: 10 August 2015 Before: Lucas LCM File Number(s): 2015/232077