Little v R [2018] NSWCCA 63

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Little v R [2018] NSWCCA 63 Hearing dates: 19 March 2018 Date of orders: 16 April 2018 Decision date: 16 April 2018 Before: Hoeben CJ at CL at [1]; Johnson J at [51]; Price J at [53] Decision: (1) The sentence imposed by Frearson SC DCJ on 23 June 2016 is quashed. (2) In lieu thereof the applicant is sentenced to imprisonment with a non-parole period of 5 years, commencing 13 September 2015 and expiring 12 September 2020, with a balance of term of 2½ years expiring on 12 March 2023. (3) The applicant will be eligible for release on parole from 12 September 2020. Catchwords: CRIMINAL LAW – sentence appeal – offence of "take/detain person in company with intent to obtain advantage" – applicant bail refused for that offence and driving offences on 13 July 2015 – applicant sentenced for this offence on 30 September 2016 – applicant had already served a sentence of imprisonment for 10 months in respect of driving offences – commencement date of sentence for this matter backdated and made partially concurrent with sentence for driving offences – applicant successfully appealed against conviction for driving offences – whether commencement date of sentence for this matter should have been backdated to 13 July 2015 when bail was refused – totality considerations relevant – need to re-sentence applicant for this offence – on re-sentence extent of backdating increased but not fully backdated. Legislation Cited: Crimes Act 1900 (NSW) – s 86(2) Crimes (Sentencing Procedure) Act 1999 (NSW) – ss 24(a), 59 Criminal Appeal Act 1912 (NSW) – ss 5(1)(c), 6(1) Cases Cited: Bugmy v The Queen [2013] HCA 37; 249 CLR 571 Hamilton v R [2016] NSWCCA 59 Hampton v R [2014] NSWCCA 131 Kentwell v The Queen [2014] HCA 37; 252 CLR 601 Khoury v R [2011] NSWCCA 118; 209 A Crim R 509 Category: Principal judgment Parties: Brett James Little – Applicant Regina – Respondent Crown Representation: Counsel: J Styles (Solicitor) – Applicant F Veltro – Respondent Crown