Edwards v R [2017] NSWCCA 160

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Edwards v R [2017] NSWCCA 160 Hearing dates: 30 June 2017 Date of orders: 30 June 2017 Decision date: 05 July 2017 Before: Hoeben CJ at CL at [1] Fullerton J at [2] Garling J at [3] Decision: (1) Grant leave to appeal. (2) Allow the appeal. (3) Quash the sentence imposed in the District Court on 13 December 2016. (4) In lieu, sentence the applicant as follows: (a) a term of imprisonment comprising a non-parole period of 14 months commencing on 14 May 2016, expiring on 13 July 2017; (b) a balance of term of imprisonment of 13 months, expiring on 13 August 2018; (c) the applicant is to be released upon the expiry of the non-parole period. Catchwords: SENTENCE – failure to expressly refer to discount for guilty plea – no finding of objective seriousness APPEAL – against sentence – appeal allowed – appellant re-sentenced Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571 Convery v R [2014] NSWCCA 93 House v R [1936] HCA 40; (1936) 55 CLR 499 Kentwell v The Queen [2014] HCA 37; (2014) 252 CLR 601 Milat v R; Klein v R [2014] NSWCCA 29 R v Fernando (1992) 76 A Crim R 58 R v Lawrence [2005] NSWCCA 91 R v Robinson [2002] NSWCCA 359 R v Thomson; R v Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383 Wei v R [2015] NSWCCA 66 Woodward v The Queen [2014] NSWCCA 205 Texts Cited: Not Applicable Category: Principal judgment Parties: Lesley Edwards (Applicant) The Crown (Respondent) Representation: Counsel: T Anderson (Applicant) S Hughes (Crown Prosecutors)