Dickinson v R [2016] NSWCCA 301

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Dickinson v R [2016] NSWCCA 301 Hearing dates: 9 September 2016 Date of orders: 16 December 2016 Decision date: 16 December 2016 Before: Beazley P at [1]; Garling J at [2]; Hidden AJ at [3] Decision: (1) Leave to appeal is granted and appeal is allowed.

(2) The aggregate sentence passed in the District Court is confirmed, but is directed to commence on 10 September 2014. Accordingly, that sentence will comprise a non-parole period of 5 years, commencing on 10 September 2014 and expiring on 9 September 2019, and a balance of term of 2½ years, commencing on 10 September 2019 and expiring on 9 March 2022.

(3) The applicant is referred to the Drug Court for assessment as the subject of a compulsory drug treatment order. Catchwords: CRIMINAL LAW – sentence appeal – break enter and steal offences – aggregate sentence – challenge to sentencing judge's assessment of objective gravity of offences – commencement date of sentence. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999, s 21A Drug Court Act 1998, s 5A(1), s 18B Cases Cited: Baumer v The Queen (1988) 166 CLR 51 Gal v R [2015] NSWCCA 242 Mapp v R (2010) 206 A Crim R 497, [2010] NSWCCA 269 Martin v R [2016] NSWCCA 104 R v McNaughton (2006) 66 NSWLR 566, [2006] NSWCCA 242 R v Ponfield & Ors (1999) 48 NSWLR 327; (1999) NSWCCA 435 Veen v The Queen (No 2) (1988) 164 CLR 465 R v Wickham [2004] NSWCCA 193 Category: Principal judgment Parties: Applicant – Steven Dickinson Respondent Crown – Regina Representation: Counsel: Applicant – David Barrow Respondent Crown – Eric Balodis