R v Meatuai [2016] NSWCCA 42

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Meatuai [2016] NSWCCA 42 Hearing dates: 15 February 2016 Date of orders: 18 March 2016 Decision date: 18 March 2016 Before: Hoeben CJ at CL [1] Fullerton J [2] RS Hulme AJ [13] Decision: (1) Allow the Crown appeal. (2) Quash the sentence imposed on Count 1 and, in substitution, impose a non-parole period of 3 years and 6 months commencing on 5 December 2013 and a balance of term of 2 years expiring on 4 June 2019. (3) Quash the sentence imposed on Count 2 and, in substitution, impose a non-parole period of 3 years commencing on 4 June 2015 and a balance of term of 2 years expiring on 4 June 2020. (4) The total effective sentence will be 6 years and 6 months, to commence from 5 December 2013 and to expire 4 June 2020, comprised of a non-parole period of 4 years and 6 months also to date from 5 December 2013 with the respondent eligible to be considered for parole on 4 June 2018. Catchwords: Criminal Law - Sentencing – serious offences merit substantial accumulation – "middle range of seriousness" for offences under Crimes Act s 112(2) practically impossible to determine Legislation Cited: Crimes (Sentencing Procedure) Act, 1999 (NSW) Crimes Act 1900 Cases Cited: CMB v The Attorney General (NSW) [2015] HCA 9, 243 A Crim R 282 Green v The Queen; Quinn v The Queen (2011) 244 CLR 462 Pearce v The Queen [1998] HCA 610; 194 CLR 610 Regina v Dunn [2004] NSWCCA 41 R v Feuerstein [2015] NSWCCA 82 R v JP [2015] NSWCCA 267 R v Van Ryn [2016] NSWCCA 1 Veen v The Queen (No 2) (1987-1988) 164 CLR 465 Category: Principal judgment Parties: Regina (Applicant) Tapeli Meatuai (Respondent) Representation: Counsel: M Cinque SC (Crown) Mr W Hunt (Respondent)