Millard v R [2018] NSWCCA 111

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Millard v R [2018] NSWCCA 111 Hearing dates: 27 April 2018 Decision date: 08 June 2018 Before: Hoeben CJ at CL at [1] Rothman J at [2] Button J at [4] Decision: (1) Leave to appeal granted. (2) The sentence imposed upon the applicant by Judge Bennett SC on 23 February 2017 is quashed. (3) The applicant is sentenced to a non-parole period of one year four months commencing on 23 February 2017 and expiring on 22 June 2018, with a parole period of one year two months, commencing on 23 June 2018 and expiring on 22 August 2019. (4) The applicant will be released to parole on 22 June 2018. Catchwords: CRIMINAL LAW – appeal against sentence – asserted failure to take into applicant's assistance to authorities – asserted inadequacy of reasons of sentencing judge in imposing three years full-time imprisonment – asserted justifiable sense of grievance for the applicant due to sentence disparity with co-offender – sentence asserted to be manifestly excessive – erroneous disparity found – appeal upheld Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 22A, 23, 32 Criminal Appeal Act 1912 (NSW), s 6 Category: Principal judgment Parties: Cooper Millard Regina Representation: Counsel: D Barrow (Applicant) A Mitchelmore (Crown)

Solicitors: Legal Aid Commission (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2016/131980 Publication restriction: Nil Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 23 February 2017 Before: Judge Bennett SC File Number(s): 2016/131980