Bickley v R [2018] NSWCCA 153

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Bickley v R [2018] NSWCCA 153 Hearing dates: 20 July 2018 Decision date: 17 August 2018 Before: Hoeben CJ at CL at [1]; Fullerton J at [2] R A Hulme J at [3] Decision: 1. Leave to appeal against sentence granted. 2. Appeal dismissed. Catchwords: CRIME – sentence appeal – aggravated break and enter and commit serious indictable offence – sentenced to 3 years imprisonment with 1 year 9 months non-parole period –extensive criminal history and substance abuse problem – on bail at time of offence – sentence reduced for early guilty plea – whether judge erred by failing to adjourn pursuant to Crimes Sentencing Procedure Act 1999 (NSW) s 11 – clearly open to judge to decline to adjourn pursuant to s 11 – whether sentence manifestly excessive – sentencing statistics consistent with appellant's sentence – cannot be said that sentence manifestly excessive Legislation Cited: Crimes Act 1900 (NSW) ss 61, 112(2) Crimes (Sentencing Procedure) Act 1999 (NSW) s 11 Category: Principal judgment Parties: Ryan Daniel Bickley (Applicant) Regina (Respondent) Representation: Counsel: Applicant self-represented Ms M England (Crown)

Solicitors: Solicitor for Public Prosecutions File Number(s): 2017/47125 Decision under appeal Court or tribunal: District Court Date of Decision: 15 September 2017 Before: Wells DCJ File Number(s): 2017/47125