Hitchcock v R [2016] NSWCCA 226

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hitchcock v R [2016] NSWCCA 226 Hearing dates: 30 September 2016 Date of orders: 17 October 2016 Decision date: 17 October 2016 Before: Hoeben CJ at CL at [1] Harrison J at [50] Campbell J at [55] Decision: (1) Leave to appeal against sentence is granted and the appeal is allowed. (2) The sentence imposed in the District Court on 24 September 2015 is quashed. (3) In lieu thereof, the applicant is sentenced to imprisonment with a non-parole period of 6 years commencing 28 May 2013 and expiring on 27 May 2019 with a balance of term of 3 years expiring 27 May 2022. The applicant will become eligible for parole on 28 May 2019. Catchwords: CRIMINAL LAW – sentence appeal – offender pleaded guilty to one count of wound with intent to murder – failure by sentencing judge to quantify the discount to be afforded to the offender for assistance to authorities – ground of appeal conceded by Crown – need to re-sentence – on re-sentence a lesser sentence warranted in law. Legislation Cited: Crimes Act 1900 – s 27 Crimes (Sentencing Procedure) Act 1999 – s 23, s 101A Criminal Appeal Act 1912 – s 5(1)(c) Motor Accident Compensation Act 1999 Cases Cited: Avery v R [2015] NSWCCA 50 Kentwell v The Queen [2014] HCA 37; 252 CLR 601 Panetta v R [2016] NSWCCA 85 R v Robinson [2014] NSWCCA 12 Category: Principal judgment Parties: Matthew Hitchcock – Applicant Regina – Respondent Crown Representation: Counsel: K Averre – Applicant Dr D Kell/M Pulsford – Respondent Crown