Humphries v R; Ponfield v R [2016] NSWCCA 86

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Humphries v R; Ponfield v R [2016] NSWCCA 86 Hearing dates: 5 February 2016 Date of orders: 13 May 2016 Decision date: 13 May 2016 Before: Hoeben CJ at CL at [1] Davies and Beech-Jones JJ [2] Decision: 1. Leave to Mark Humphries to appeal. 2. In the appeal by Mark Humphries allow the appeal and quash the sentences imposed in the District Court. 3. In lieu, sentence the Appellant Mark Humphries to a sentence for each count comprising a non-parole period of three years nine months commencing 19 January 2015 and expiring 18 October 2018 with an additional term of two years and three months expiring 18 January 2021. The sentences are to be served concurrently. 4. Otherwise dismiss the appeal by Mark Humphries. 5. Leave to Wade Ponfield to appeal. 6. Appeal dismissed. Catchwords: CRIMINAL LAW – sentence – armed robbery – three co-offenders – parity – all offenders on conditional liberty at time of offences – offenders required to serve balance of parole for earlier offences – principle of totality in relation to earlier sentences – adjustment of commencement date for index offences to achieve parity – whether in the result any offender had a justifiable sense of grievance CRIMINAL LAW – armed robbery in circumstances of aggravation contrary to s 97(2) Crimes Act – robberies committed in company and with dangerous weapon – whether being armed with dangerous weapon aggravated the offence Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Bugmy v R [2013] HCA 37; (2013) 249 CLR 571 Green v R; Quinn v R [2011] HCA 49; (2011) 244 CLR 462 Johnson v R [2004] HCA 15; 78 ALJR 616 Kentwell v The Queen [2014] HCA 37; (2014) 252 CLR 601 Lam v R [2014] NSWCCA 50 Loader v R; Dunn v R [2013] NSWCCA 215 Mill v The Queen (1988) 166 CLR 59 Ng v R [2011] NSWCCA 227; (2011) 214 A Crim R 191 Pearce v The Queen [1998] HCA 57; (1998) 194 CLR 610 R v Henry [1999] NSWCCA 111; (1999) 46 NSWLR 346 Saraya v Regina [2015] NSWCCA 63 Category: Principal judgment Parties: Mark Wayne Humphries (Applicant) Wade Allan Ponfied (Applicant) Crown (Respondent) Representation: Counsel: P Segal (for the Applicant Humphries) W Hunt & J Paingakulam (for the Applicant Ponfield) H Baker (Crown)