Prowse v R [2017] NSWCCA 68

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Prowse v R [2017] NSWCCA 68 Hearing dates: 3 April 2017 Date of orders: 03 April 2017 Decision date: 03 April 2017 Before: Leeming JA at [1]; R A Hulme J at [2]; Beech-Jones J at [20] Decision: 1. Leave to appeal against sentence granted and appeal allowed. 2. The commencement date of the sentence imposed in the District Court on 26 August 2016 is quashed and in lieu the sentence is specified to commence on 8 May 2015. The non-parole period will expire on 7 February 2019 whereupon the applicant will become eligible for release on parole. Catchwords: CRIMINAL LAW – appeal against sentence – pre-sentence custody – preferable course to back date sentence – confusion as to how much pre-sentence custody referable to index offence – where primary judge erred by making broad but adverse assessment – conservative but more favourable assessment proposed by applicant accepted Legislation Cited: Crimes Act 1900 (NSW) s 93(G) Crimes (Sentencing Procedure) Act 1999 (NSW) s 24 Criminal Appeal Act 1912 (NSW) s 6(3) Cases Cited: Lehn v R [2016] NSWCCA 255 Wiggins v R [2010] NSWCCA 30 Category: Principal judgment Parties: Matthew Allan Prowse (Applicant) Regina (Respondent) Representation: Counsel: Ms J Paingakulam (Applicant) Ms M Cinque SC (Crown)

Solicitors: Legal Aid NSW Solicitor for Public Prosecutions File Number(s): 2013/89248 Decision under appeal Court or tribunal: District Court Date of Decision: 26 August 2016 Before: English DCJ File Number(s): 2013/89248