Carter v R [2018] NSWCCA 138

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Carter v R [2018] NSWCCA 138 Hearing dates: 9 April 2018 Decision date: 09 July 2018 Before: Leeming JA at [1] Fullerton J at [2] McCallum J at [3] Decision: Leave to appeal is granted; the sentence imposed at first instance is quashed and, in substitution therefor, the applicant is sentenced to an aggregate sentence of imprisonment for 5 years with a non-parole period of 2 years and 6 months commencing on 17 April 2016 and expiring on 16 October 2018 and a balance of term of 2 years and 6 months expiring on 16 April 2021. Catchwords: CRIME – sentence – multiple offences of aggravated breaking, entering and stealing – consideration of applicant's subjective case – whether sentencing judge mistook the facts as to family hardship – whether other findings as to subjective case were reflected in the sentence imposed – consideration of parity with co-offenders Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A(2)(j), 32 Crimes Act 1900 (NSW), ss 93T(1), 112(2), 113(2), 188 Crimes Act 1914 (Cth), s 16A(2)(p) Cases Cited: Dipangkear v R [2010] NSWCCA 156 FP v R [2012] NSWCCA 182 Kremisis v The Queen [2016] NSWCCA 257 Nguyen v R [2016] NSWCCA 5 R v Curtis (No 3) (2016) 114 ACSR 184; [2016] NSWSC 866 R v Edwards (1996) 90 A Crim R 510 R v Girard, Andrew John, R v Girard, Tessa Maree [2004] NSWCCA 170 R v Hinton (2002) 134 A Crim R 286; [2002] NSWCCA 405 R v MacLeod [2013] NSWCCA 108 R v Togias (2001) 127 A Crim R 23; [2001] NSWCCA 522 R v Wirth (1976) 14 SASR 291 R v X [2004] NSWCCA 93 R v Zerafa (2013) 235 A Crim R 265; [2013] NSWCCA 222 Category: Principal judgment Parties: Tylar John Carter (applicant) Regina (respondent) Representation: Counsel: Applicant self-represented E Balodis (Crown/respondent)