Glynn Kaderavek v R [2018] NSWCCA 92

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Glynn Kaderavek v R [2018] NSWCCA 92 Hearing dates: 28 March 2018 Date of orders: 11 May 2018 Decision date: 11 May 2018 Before: Beazley P at [1]; Schmidt J at [2]; Hamill J at [3] Decision: (1) Application for leave to appeal granted. (2) Appeal allowed. (3) The aggregate sentence imposed in the District Court is quashed and in lieu thereof: (4) The applicant is sentenced to an aggregate sentence of 7 years commencing 7 April 2015 and expiring 6 April 2022 with a non-parole period of 4 years and 6 months commencing 7 April 2015 and expiring on 6 October 2019. (5) The applicant will be eligible for release to parole at the conclusion of the non-parole period. Catchwords: CRIME – application for leave to appeal against sentence – domestic violence – repeated serious offending against same victim – unusual chronology – pre-existing sentence relating to offences committed after the subject offences – correct commencement date – where sentence summary apt to mislead sentencing Judge – incorrect commencement date – requirement that sentence takes into account time spent in custody for present offence – pre-existing sentence less than three years – statutory parole period – whether accumulation nullified finding of special circumstances – applicant re-sentenced Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW), s 158 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 33, 44, 47 and 53A Cases Cited: Cherry v R [2017] NSWCCA 150 DPP v Darcy-Shillingsworth [2017] NSWCCA 224 GP v R [2017] NSWCCA 200 Greenyer v R [2016] NSWCCA 272 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Lehn v R [2016] NSWCCA 255 R v Hamid [2006] NSWCCA 302; (2006) 164 A Crim R 179 R v Johnson [2015] NSWSC 31 R v McHugh (1985) 1 NSWLR 588 R v Newman and Simpson [2004] NSWCCA 102; (2004) 145 A Crim R 361 R v Wiggins [2010] NSWCCA 30 Category: Principal judgment Parties: Glynn Kaderavek (Appellant) Regina (Respondent) Representation: Counsel: T Quilter (Appellant) H Roberts (Respondent)