R v OE [2018] NSWCCA 83

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v OE [2018] NSWCCA 83 Hearing dates: 23 April 2018 Date of orders: 04 May 2018 Decision date: 04 May 2018 Before: Hoeben CJ at CL at [1]; Rothman J at [2]; Button J at [59] Decision: (1) Appeal granted;

(2) The sentence imposed upon the respondent by the District Court (Judge Sides QC DCJ) at Parramatta District Court on 13 March 2017 be varied by:

(a) setting aside the sentence imposed; and

(b) imposing the following sentence:

(i) the respondent is sentenced to a non-parole period of 5 years and 4 months imprisonment commencing 15 August 2014 and concluding 14 December 2019 with a remainder of term of a further 5 years and 1.5 months, concluding 29 January 2025;

(ii) the respondent is first eligible for parole on 14 December 2019. Catchwords: CRIMINAL LAW – Crown appeal – s 5DA of the Criminal Appeal Act 1912 – discount granted for future assistance which did not eventuate – not necessary to determine whether on appeal a more complete resentencing process was available – issue discussed – discount for future assistance reversed – appeal granted. Legislation Cited: Criminal Appeal Act 1912 (NSW), ss 5DA, 6 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 22, 22A, 23 Crimes (Sentencing Procedure) Amendment Act 2010 (NSW) Cases Cited: R v Ellis (1986) 6 NSWLR 603 R v GD [2013] NSWCCA 212 R v Shahrouk (2014) 241 A Crim R 274; [2014] NSWCCA 87 Category: Principal judgment Parties: Crown (Appellant) OE (Respondent) Representation: Counsel: F Veltro (Appellant) P Skinner SC (Respondent)