R v Caldwell [2016] NSWCCA 55

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Caldwell [2016] NSWCCA 55 Hearing dates: 18 March 2016 Decision date: 19 April 2016 Before: Beazley P at [1]; Harrison J at [2]; R A Hulme J at [3] Decision: 1. Crown appeal against sentence allowed. 2. Sentence imposed in the District Court on 28 August 2015 quashed. 3. Respondent sentenced to imprisonment for 10 years with a non-parole period of 6 years. The sentence is to date from 27 October 2013. The non-parole period will expire on 26 October 2019 and the total term will expire on 26 October 2023. The respondent will become eligible for release on parole at the end of the non-parole period. Catchwords: CRIMINAL LAW – sentence - Crown appeal – aggravated break, enter and commit serious indictable offence and armed robbery – multiple offences of considerable seriousness – failure to take into account that offences committed while on conditional liberty – aggregate sentence manifestly inadequate –insufficient degree of notional accumulation of indicative sentences – failure of aggregate sentence to reflect overall criminality Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) s 3A, Pt 3 Div 3 Criminal Appeal Act 1912 (NSW) s 5D(1) Cases Cited: Bugmy v The Queen [2013] HCA 37; 249 CLR 571 CMB v Attorney General for New South Wales [2015] HCA 9; 317 ALR 308 Delaney v R; R v Delaney [2013] NSWCCA 150; 230 A Crim R 581 Galvin v R [2015] NSWCCA 88 Green v The Queen; Quinn v The Queen [2011] HCA 49; 244 CLR 462 JM v R [2014] NSWCCA 297 R v Fernando (1992) 76 A Crim R 58 R v Osenkowski (1982) 30 SASR 212 R v Stoupe [2015] NSWCCA 175 R v Van Ryn [2016] NSWCCA 1 Truong v R; R v Le; Nguyen v R; R v Nguyen [2013] NSWCCA 36 Category: Principal judgment Parties: Regina (Applicant) William James Caldwell (Respondent) Representation: Counsel: Ms S Dowling SC (Crown) R Webb (Respondent)