R v Hollaway [2016] NSWCCA 166

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Hollaway [2016] NSWCCA 166 Hearing dates: 8 August 2016 Decision date: 12 August 2016 Before: Payne JA at [1]; R A Hulme J at [2]; Adamson J at [45] Decision: Crown appeal against sentence dismissed Catchwords: CRIMINAL LAW – Crown appeal against sentence – attempt to intentionally choke – s 37(1) of the Crimes Act – where offence committed whilst on parole – non-parole period substantially concurrent with service of balance of parole - no error in backdating sentence where parole revoked solely because of index offences – no failure to adequately consider the protection of the community or specific deterrence where previous violent offending occurred in significantly different circumstances – sentence not manifestly inadequate – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) ss 23A, 37(1), 195 Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 14 Crimes (Sentencing Procedure) Act 1999 (NSW) ss 24, 47 Cases Cited: Barnes v R [2014] NSWCCA 224 Callaghan v R [2006] NSWCCA 58; 160 A Crim R 145 R v Baker [2000] NSWCCA 85 R v Hollaway [2013] NSWSC 218 Veen v The Queen (No 2) [1988] HCA 14; 164 CLR 465 Category: Principal judgment Parties: Regina (Applicant) Karyna Hollaway (Respondent) Representation: Counsel: Mr H Baker (Crown) Ms A Francis with Mr Chhabra (Respondent)