Mundine v R [2017] NSWCCA 97

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Mundine v R [2017] NSWCCA 97 Hearing dates: 1 May 2017 Decision date: 17 May 2017 Before: Basten JA at [1]; Adamson J at [30]; Campbell J at [115] Decision: (1) Grant leave to appeal against sentence.

(2) Allow the appeal against sentence.

(3) Quash the aggregate sentence imposed by Colefax DCJ on 27 September 2016 and the order directing the applicant's release on 27 September 2016.

(4) For the offence of common assault, impose a sentence of imprisonment for a fixed term of 6 months, commencing on 28 March 2015 and expiring on 27 September 2015.

(5) For the offence of contravene apprehended violence order, impose a sentence of imprisonment for a fixed term of 6 months, commencing on 28 June 2015 and expiring on 28 December 2015.

(6) For the offence of assault occasioning actual bodily harm, impose a sentence of imprisonment of 2 years, commencing on 28 June 2015 and expiring on 27 June 2017, with a non-parole period of 1 year and 3 months, commencing on 28 June 2015 and expiring on 27 September 2016.

(7) For the offence of reckless wounding, impose a sentence of 2 years and 3 months, commencing on 28 June 2016 and expiring on 27 September 2018, with a non-parole period of 3 months, commencing on 28 June 2016 and expiring on 27 September 2016.

(8) Direct that the applicant be released to parole on 27 September 2016. Catchwords: CRIMINAL LAW – appeal – aggregate sentencing – whether aggregate sentence manifestly excessive – where trial judge erred in directing the applicant's release where sentence exceeded three years' imprisonment – release to parole a matter for Parole Authority