R v Jeremiah [2016] NSWCCA 241

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Jeremiah [2016] NSWCCA 241 Hearing dates: 21 October 2016 Date of orders: 02 November 2016 Decision date: 02 November 2016 Before: Meagher JA, Davies and Fagan JJ Decision: 1. The appeal is allowed.

2. The sentence imposed upon Moromi Jeremiah on 30 June 2016 for the offence of assault occasioning actual bodily harm committed on 22 October 2014 is quashed.

3. In lieu thereof Moromi Jeremiah is sentenced to imprisonment for a non-parole period of 1 year 3 months to commence on 25 March 2017 and to expire on 24 June 2018 and a balance of term of 5 months to commence on 25 June 2018 and to expire on 24 November 2018. Catchwords: CRIMINAL LAW – appeal against sentence – manifest inadequacy – sentence imposed entirely concurrent with sentence for unrelated offences – whether sentencing judge erred by failing to accumulate sentences – principle of totality Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: CMB v Attorney General for New South Wales [2015] HCA 9; (2015) 89 ALJR 407 Mill v The Queen (1988) 166 CLR 59; [1988] HCA 70 Pannowitz v R [2016] NSWCCA 13 Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26 R v Fyffe [2002] NSWSC 751 R v Hoskins [2004] NSWCCA 236 R v MAK; R v MSK [2006] NSWCCA 381; (2006) 167 A Crim R 159 Regina v Wheeler [2000] NSWCCA 34 Category: Principal judgment Parties: Regina (applicant) Moromi Jeremiah (respondent) Representation: Counsel: Ms Belinda Baker (applicant) Ms April Francis (respondent)