Hall v R [2017] NSWCCA 260

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hall v R [2017] NSWCCA 260 Hearing dates: 6 September 2017 Decision date: 03 November 2017 Before: Payne JA at [1]; McCallum J at [2]; Wilson J at [3] Decision: (1) Grant an extension of time until 23 June 2017 to file the notice of appeal against sentence. (2) Grant leave to appeal against sentence. (3) Appeal against sentence allowed. (4) Sentence imposed in the District Court is quashed. (5) In lieu thereof, Timothy Leigh Hall is sentenced to imprisonment for a term of 10 years, commencing on 16 December 2012 and expiring on 15 December 2022, with a non-parole period of 7 years to expire on 15 December 2019. Catchwords: CRIMINAL LAW – sentence appeal – appeal out of time following successful appeal by co-offender – element of offence treated as aggravating feature – application of the parity principle Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Criminal Appeal Act 1912 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Mental Health Act 2007 (NSW) Cases Cited: Barlow v R (2008) 6 A Crim R R v Imbornone [2017] NSWCCA 144 R v Speechley (2012) 221 A Crim R R v Qutami [2001] NSWCCA 353; (2001)127 A Crim R 369 Sorensen v R [2016] NSWCCA 54 Category: Principal judgment Parties: Timothy Leigh Hall (Applicant) Crown (Respondent) Representation: Counsel: Mr P. Lange (Applicant) Ms S. Dowling SC (Respondent)