Evans v R [2017] NSWCCA 281

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Evans v R [2017] NSWCCA 281 Hearing dates: 21 November 2017 Decision date: 27 November 2017 Before: Hoeben CJ at CL at [1]; Davies J at [2]; Adamson J at [3] Decision: (1) Extend the time for filing the application for leave to appeal to 11 October 2017.

(2) Grant leave to appeal against sentence.

(3) Allow the appeal against sentence.

(4) Quash the aggregate sentence imposed by McLennan SC DCJ on 3 March 2017.

(5) Impose an aggregate sentence of imprisonment for 3 years and 6 months to commence on 3 May 2016 and expiring on 2 November 2019 with a non-parole period of 2 years expiring on 2 May 2018.

(6) The offender will be eligible for release on parole on the expiration of the non-parole period on 2 May 2018. Catchwords: CRIMINAL LAW – sentence appeal – alleged manifest excess – indicative sentence for do act to influence witness excessive – effective accumulation too great having regard to indicative sentences – HELD – manifest excess established – appeal allowed – sentence reduced on re-sentence Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 14 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 32, 33, 53A Crimes Act 1900 (NSW), ss 61, 61L, 195, 323 Criminal Procedure Act 1986 (NSW), s 166 Family Law Act 1975 (Cth) Cases Cited: Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Category: Principal judgment Parties: Sheldon Mark Evans (Applicant) Regina (Respondent) Representation: Counsel: G D Wendler (Applicant) M M Cinque SC (Respondent)