Green (a pseudonym) v R [2018] NSWCCA 146

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Green (a pseudonym) v R [2018] NSWCCA 146 Hearing dates: 04 April 2018 Date of orders: 20 July 2018 Decision date: 20 July 2018 Before: Basten JA at [1]; Rothman J at [29]; Garling J at [85] Decision: (1) Leave to appeal be granted;

(2) Appeal be granted;

(3) The sentence imposed upon the applicant by the District Court (Judge Lerve DCJ) at Dubbo District Court on 31 March 2017 be quashed and the applicant be sentenced to a non-parole period of 4 years' and 3 months' imprisonment, commencing 30 October 2014 and concluding 30 January 2019, and a remainder of term of 2 years and 9 months, concluding 30 October 2021;

(4) The applicant be first eligible for parole on 30 January 2019. Catchwords: CRIMINAL LAW – Sentence – Appeal – principle of totality – regard for sentence imposed in another State – appeal granted Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 44 Crimes Act 1900 (NSW), ss 86, 97, 112, 195 Cases Cited: Hejazi v The Queen (2009) 217 A Crim R 151; [2009] NSWCCA 282 Mill v The Queen (1988) 166 CLR 59, [1988] HCA 70 R v Fidow [2004] NSWCCA 172 R v Todd [1982] 2 NSWLR 517 Category: Principal judgment Parties: Green (a pseudonym) (Applicant) The Queen (Respondent) Representation: Counsel: C Wasley (Applicant) D Kell SC with M Pulsford (Respondent)