Banks v R [2018] NSWCCA 41

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Banks v R [2018] NSWCCA 41 Hearing dates: 30 January 2018 Date of orders: 21 March 2018 Decision date: 21 March 2018 Before: Simpson JA R A Hulme J Hidden AJ Decision: Leave to appeal granted. Appeal allowed. The sentence in the District Court is quashed and, in lieu, the applicant is sentenced to imprisonment for a non-parole period of 2 years and 9 months, commencing on 31 March 2024 and expiring on 30 December 2026, and a balance of term of 1 year, commencing on 31 December 2026 and expiring on 30 December 2027. Catchwords: CRIMINAL LAW – sentence appeal – reckless wounding in company – challenge to sentencing judge's assessment of objective gravity of the offence – sentence wholly accumulated upon lengthy sentences applicant already serving – proportion of effective non-parole periods to overall sentence – re-sentence – partial accumulation ordered. Legislation Cited: Crimes Act 1900 (NSW) ss 35, 59 Crimes (Sentencing Procedure) Act 1999 s 56 Cases Cited: Jinnette v R [2012] NSWCCA 217 Lehn v R (2016) 93 NSWLR 205; [2016] NSWCCA 255 R v Jeremiah [2016] NSWCCA 241 Salafia v R [2015] NSWCCA 141 Category: Principal judgment Parties: Regina Ben Christopher Banks Representation: Counsel: N Adams – (Crown) G Jones – (Applicant)

Solicitors: Solicitor for the Director of Public Prosecutions George Sten & Co File Number(s): 2016/84848 Publication restriction: No Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 9 March 2017 Before: McLennan DCJ File Number(s): 2016/84848