Kerwin v R [2018] NSWCCA 23

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Kerwin v R [2018] NSWCCA 23 Hearing dates: 9 February 2018 Date of orders: 26 February 2018 Decision date: 26 February 2018 Before: Macfarlan JA at [1] Hoeben CJ at CL at [2] Garling J at [3] Decision: (1) Leave to appeal granted. (2) Appeal upheld. (3) Quash the sentence imposed by Charteris A‑DCJ on 14 December 2016. (4) In lieu thereof, impose a sentence on the applicant of 2 years and 6 months non-parole commencing from 19 January 2016 with a balance of term of 2 years, expiring on 18 July 2020. (5) Note that the applicant will not be eligible for parole prior to the expiration of his non-parole period on 18 July 2018. Catchwords: CRIME – appeal against sentence – break and enter into dwelling in company - whether sentencing judge erred in assessment of moral culpability – whether sentencing judge erred in failing to make a finding as to effect of mental condition on weight given to general deterrence – appeal allowed Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Criminal Procedure Act 1986 Cases Cited: Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 71 Kentwell v The Queen [2014] HCA 37; (2014) 252 CLR 601 Laspina v R [2016] NSWCCA 181 Texts Cited: Not Applicable Category: Principal judgment Parties: Christopher Kerwin (Applicant) Regina (Respondent) Representation: Counsel: S Bouveng (Applicant) B Baker (Crown)