Thomas, Brett David v R [2017] NSWCCA 273

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Thomas, Brett David v R [2017] NSWCCA 273 Hearing dates: 14 November 2017 Date of orders: 23 November 2017 Decision date: 23 November 2017 Before: Meagher JA; Rothman J; Button J Decision: (1) Leave to appeal granted.

(2) Appeal allowed in part.

(3) Sentence imposed by the District Court on Brett Thomas on 16 December 2015 be quashed and in lieu thereof the following sentence be imposed.

(a) Brett David Thomas is sentenced to an aggregate sentence for both counts 1 and 2 of a non-parole period of 3 years and 6 months, commencing 20 September 2014 and concluding 19 March 2018 and a remainder of term of a further 1 year and 6 months concluding 19 September 2019.

(b) Brett David Thomas is first eligible to be released to parole on 19 March 2018. Catchwords: CRIME – sentencing – offences of detain for advantage – where sentencing judge did not backdate the sentence sufficiently to account for prison time served solely in relation to the offences for which applicant was sentenced – whether sentence should be quashed and new sentence imposed to account for that time – parties in agreement as to orders to be made. Legislation Cited: Crimes Act 1900, s 86(1)(b) Crimes (Sentencing Procedure) Act 1999, s 43 Criminal Appeal Act 1912, s 6 Cases Cited: Achurch v The Queen (2014) 253 CLR 141; [2014] HCA 10 R v Fuller (No 2) [2017] NSWSC 1351 Category: Principal judgment Parties: Brett David Thomas (Applicant) Regina (Respondent Crown) Representation: Counsel: S Healy (Applicant) S Dowling SC (Respondent Crown)