Carratt v R [2016] NSWDC 7

District Court New South Wales

Medium Neutral Citation: Carratt v R [2016] NSWDC 7 Decision date: 08 February 2016 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: Appeals allowed. In respect of the larceny (sequence 1) the sentence is varied by reducing the non-parole period from six months and 23 days to six months, to expire on 22 March 2016. In respect of the contravene apprehended domestic violence order offence, the non-parole period is reduced from eight months to six months to expire on 22 March 2016. In respect of the second shoplifting offence the non-parole period is reduced from eight months to six months to expire on 22 March 2016. Catchwords: CRIMINAL LAW – appeals against sentence – non-parole period exceeds 75% - special circumstances for reducing ratio between head sentence and non-parole period – youth of offender – first time in custody – need to re-engage with treating psychologist – reduction not opposed by Crown Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 9, 20, 44 Category: Principal judgment Parties: Mitchell Carratt (Appellant) Regina (Crown) (Respondent) Representation: Solicitors: K Beresford, Legal Aid NSW (Appellant) R Buttini, Office of the Director of Public Prosecutions (NSW) (Respondent) File Number(s): 2011/142223;2014/052902;2014/174786 Decision under appeal Court or tribunal: Local Court Jurisdiction: Criminal Date of Decision: 30 November 2015 Before: Connell LCM File Number(s): 2011/142223; 2014/052902; 2014/174786