Walker v R [2016] NSWCCA 224

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Walker v R [2016] NSWCCA 224 Hearing dates: 24 August 2016 Date of orders: 17 October 2016 Decision date: 17 October 2016 Before: Hoeben CJ at CL at [1] Hall J at [2] Davies J at [3] Decision: (1) Leave to appeal granted. (2) Appeal allowed. (3) Quash the sentence imposed in the District Court on 24 July 2014. (4) Refer the applicant for assessment as to his suitability for intensive correction in the community, pursuant to Div 3 of Pt 5 of the Crimes (Sentencing Procedure) Act. (5) Adjourn the proceedings for that purpose. Catchwords: CRIMINAL LAW – appeal – appeal against sentence – attempted armed robbery with offensive weapon – break enter and steal – sentencing judge finds as aggravating factors elements of the offence – sentence backdated to take account of time spent in rehabilitation – applicant released to bail at time of sentence on lodgement of appeal leaving 67 days to serve – delay in prosecuting appeal - applicant on conditional liberty for more than two years before appeal – re-sentence – progress towards rehabilitation – whether appropriate to return applicant to custody for short period – intensive correction order imposed Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Weapons Prohibition Act 1998 (NSW) Cases Cited: Brown v R [2013] NSWCCA 44; (2013) 228 A Crim R 298 Fedele v R [2015] NSWCCA 286 Hughes v R [2008] NSWCCA 48; (2008) 185 A Crim R 155 Kentwell v The Queen [2014] HCA 37; (2014) 252 CLR 601 R v Anderson [2012] NSWCCA 175 R v Henry (1999) 46 NSWLR 346 Category: Principal judgment Parties: Daniel Alfred Walker (Applicant) Crown (Respondent) Representation: Counsel: R Rodger (Applicant) B Baker (Respondent