Bezjak v R; Button v R [2018] NSWCCA 178

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Bezjak v R; Button v R [2018] NSWCCA 178 Hearing dates: 18 April 2018 Date of orders: 17 August 2018 Decision date: 17 August 2018 Before: Hoeben CJ at CL at [1] Fullerton at [2] Davies J at [3] Decision: On the application of James Button:

(1) Grant leave to appeal. (2) Allow the appeal. (3) Quash the sentence imposed by His Honour Judge King SC in the District Court on 28 April 2017. (4) In lieu, sentence the appellant to an aggregate sentence of imprisonment for seven years and six months commencing 9 July 2016 and expiring 8 January 2024 with a non-parole period of five years expiring 8 July 2021.

On the application of Daniel Bezjak:

(1) Grant leave to appeal. (2) Allow the appeal. (3) Quash the sentence imposed by His Honour Judge King SC in the District Court on 28 April 2017. (4) In lieu, sentence the appellant to an aggregate sentence of imprisonment for six years commencing 29 April 2015 and expiring 28 April 2021 with a non-parole period of four years expiring 28 April 2019. Catchwords: SENTENCING – mitigating factors – plea of guilty – aggravated break and enter – reckless wounding in company – aggregate sentence - whether the sentencing judge erred by failing to apply 5% discount for late plea – error apparent when indicative sentences were compared to those of co-offenders who did not plead – whether sentence manifestly excessive – applicant re-sentenced