Faleafga v R [2016] NSWCCA 178

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Faleafga v R [2016] NSWCCA 178 Hearing dates: 2 August 2016 Decision date: 19 August 2016 Before: Hoeben CJ at CL at [1] Button J at [2] N Adams J at [3] Decision: (1) Grant leave to appeal against sentence. (2) Allow the appeal and quash the sentence imposed by Garling ADCJ on 2 July 2015. (3) Re-sentence the applicant to a term of imprisonment comprising a non-parole period of 20 months to commence on 6 May 2015 and expire on 5 January 2017 and a balance of term of 18 months to expire on 5 July 2018. The total effective sentence is imprisonment for three years and two months. The first date on which the applicant will become eligible for parole is 5 January 2017. Catchwords: CRIMINAL LAW – application for leave to appeal against sentence - whether sentencing judged erred in failing to take into account relevant mitigating factors when imposing head sentence – whether sentence manifestly excessive – application of Henry guideline Legislation Cited: Crimes Act 1900 (NSW), s 97(1) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 7, 9, 44(2B) Cases Cited: Bloomfield v R [2013] NSWCCA 315 Bugmy v The Queen [2013] HCA 37; 249 CLR 571 Dylan Craig Lang v R [2013] NSWCCA 29 House v The King (1936) 55 CLR 499 Ingrey v R [2016] NSWCCA 31 Kentwell v The Queen [2014] HCA 37; 88 ALJR 947 Legge v R [2007] NSWCCA 244 Munda v Western Australia [2013] HCA 38; 249 CLR 600 R v Fidow [2004] NSWCCA 172 R v Henry (1999) 46 NSWLR 346 R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383 Category: Principal judgment Parties: Keresipi Faleafga (Applicant) Regina (Respondent) Representation: Counsel: H Cox (Applicant) N Williams (Respondent)