Director of Public Prosecutions (Cth) v Pratten (No 2) [2017] NSWCCA 42

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Director of Public Prosecutions (Cth) v Pratten (No 2) [2017] NSWCCA 42 Hearing dates: 17 November 2016 Decision date: 17 March 2017 Before: Basten JA at [1]; Campbell J at [161]; N Adams J at [163] Decision: (1) Allow the appeal by the Commonwealth Director of Public Prosecutions and set aside the sentences imposed by the Supreme Court of New South Wales on 29 April 2016 for seven offences under s 134.2(1) of the Criminal Code (Cth).

(2) Allow the appeal by the Commonwealth Director of Public Prosecutions and set aside the sentence imposed by the District Court of New South Wales on 22 July 2016 for an offence under s 37(1) of the Proceeds of Crime Act 2002 (Cth) and s 11.1(1) of the Criminal Code (Cth).

(3) Resentence the respondent Timothy Charles Pratten as follows: (a) for the offence under s 37(1) of the Proceeds of Crime Act – imprisonment for 6 months to date from 20 January 2016 and expiring on 19 July 2016; (b) for offences under s 134.2(1) of the Criminal Code – (i) as to counts 1 and 2 – imprisonment for 3 years to date from 20 May 2016 and expiring on 19 May 2019; (ii) as to count 3 – imprisonment for 3 years to date from 20 November 2016 and expiring on 19 November 2019; (iii) as to count 7 – imprisonment for 3 years 6 months to date from 20 May 2017 and expiring on 19 November 2020; (iv) as to counts 4, 5 and 6 – imprisonment for 5 years to date from 20 May 2017 and expiring on 19 May 2022. (c) Fix a single non-parole period in respect of the above sentences of 3 years 9 months to date from 20 January 2016 and continuing until 19 October 2019. (d) The offender is first eligible for release on parole on 19 October 2019. Catchwords: CRIMINAL LAW – federal offence – prosecution appeal against sentence – sentence imposed following second trial – whether error in taking "double jeopardy" into consideration – whether general law doctrine of "double jeopardy" applicable to federal sentencing governed by Crimes Act 1914 (Cth) s 16A