Houcher v R [2018] NSWCCA 96

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Houcher v R [2018] NSWCCA 96 Hearing dates: 16 May 2018 Date of orders: 16 May 2018 Decision date: 23 May 2018 Before: Basten JA, Button J, Fagan J Decision: 1. Grant leave to appeal against the sentence imposed by the District Court on 5 May 2017.

2. Dismiss the appeal. Catchwords: CRIME – appeal – sentencing – time served on remand – whether sentencing judge failed to take one period of custody into account Legislation Cited: Crimes Act 1900 (NSW), s 97 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 9, 10 Category: Principal judgment Parties: Imran Houcher (Applicant) Regina (Respondent) Representation: Counsel: Ms Madeleine Avenell (Applicant) Mr Frank Veltro (Respondent)

Solicitors: Mr R Funston, Legal Aid Commission of New South Wales (Applicant) Mr C Hyland, Office of the Director for Public Prosecutions (NSW) (Respondent) File Number(s): 2015/208968; 2016/026701 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Citation: Not published Date of Decision: 05 May 2017 Before: Colefax SC DCJ File Number(s): 2015/208968; 2016/026701

Judgment 1. THE COURT: The applicant seeks leave to appeal against an aggregate sentence imposed by his Honour Judge Colefax SC in the District Court at Parramatta on 5 May 2017 for two counts of robbery contrary to s 97(1) of the Crimes Act 1900 (NSW). The applicant had pleaded guilty. The sole ground for which leave is sought is that his Honour failed to backdate the commencement of the sentence to take into account 3 months of pre-sentence remand in custody. The aggregate sentence was 6 years and 6 months with a non-parole period of 4 years and 6 months, commencing from the date of his arrest on count 2, namely, 25 January 2016. 2. At the conclusion of the hearing of the application on 16 May 2018 leave to appeal was granted but the appeal was dismissed. The Court reserved its reasons, which are now published.