Dittavong v R [2017] NSWCCA 191

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Dittavong v R [2017] NSWCCA 191 Hearing dates: 9 August 2017 Date of orders: 18 August 2017 Decision date: 18 August 2017 Before: Gleeson JA at [1] Harrison J at [2] Button J at [39] Decision: (1) Grant leave to appeal. (2) Allow the appeal. (3) Quash the sentence imposed by his Honour Colefax SC DCJ on 7 February 2017 and in lieu thereof sentence John Dittavong to a term of imprisonment with a non-parole period of 3 years and 7 months commencing on 10 February 2016 expiring on 9 September 2019 with an additional term of 1 year and 3 months expiring on 9 December 2020. Catchwords: CRIMINAL LAW – appeal against sentence – offence of break enter and steal – whether sentencing judge breached the principal of totality when seeking to impose new sentence on the existing sentences – whether sentencing judge erred in declining to find special circumstances – whether the sentence imposed was manifestly excessive – where the Crown concedes error in commencement date of sentence and accepts that the Court should intervene Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Buxton v R [2017] NSWCCA 169 Dang v R [2014] NSWCCA 47 Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Lehn v R [2016] NSWCCA 255 MD v R [2015] NSWCCA 37 Prowse v R [2017] NSWCCA 68 Salafia v R [2015] NSWCCA 141 Wiggins v R [2010] NSWCCA 30 Wong v The Queen; Leung v The Queen (2001) 207 CLR 584; [2001] HCA 64 Category: Principal judgment Parties: John Dittavong (Applicant) Regina (Crown) Representation: Counsel: I McLachlan (Applicant) M Cinque SC (Crown)