Wanat v R [2018] NSWCCA 219

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Wanat v R [2018] NSWCCA 219 Hearing dates: 3 October 2018 Decision date: 12 October 2018 Before: Simpson AJA at [1]; Johnson J at [2]; R A Hulme J at [3] Decision: Leave to appeal refused Catchwords: CRIME – sentence appeal – aggravated break, enter and commit assault occasioning actual bodily harm – sentence not excessive – no point of principle Legislation Cited: Crimes Act 1900 (NSW) ss 59(2), 112(2) Crimes (Sentencing Procedure) Act 1999 (NSW) s 44(2B) Cases Cited: Callaghan v R [2006] NSWCCA 58; 160 A Crim R 145 Category: Principal judgment Parties: Martin Wanat (Applicant) Regina (Respondent) Representation: Counsel: Applicant (self-represented) Ms C Curtis (Respondent)

Solicitors: Solicitor for Public Prosecutions File Number(s): 2017/98596 Decision under appeal Court or tribunal: District Court Date of Decision: 22 March 2018 Before: Pickering SC DCJ File Number(s): 2017/98596

Judgment 1. SIMPSON AJA: I agree with R A Hulme J. 2. JOHNSON J: I agree with R A Hulme J. 3. R A HULME J: Martin Wanat applies for leave to appeal against a sentence imposed in the District Court at Campbelltown by his Honour Judge Pickering on 22 March 2018. 4. There were two offences for which his Honour imposed an aggregate sentence of 2 years 8 months with a non-parole period of 1 year 6 months. The sentence was specified to commence on 31 May 2017 and so the applicant will be released on parole when the non-parole period expires on 30 November 2018. 5. Both offences concerned the same victim and they occurred within a very short period of time. There was an offence of assault occasioning actual bodily harm in company contrary to s 59(2) of the Crimes Act 1900 (NSW) for which the maximum penalty is imprisonment of 7 years. The judge indicated a sentence of 9 months for this offence. 6. There was also an offence of aggravated break, enter and commit serious indictable offence, namely assault occasioning actual bodily harm, contrary to s 112(2) of the Crimes Act for which the maximum penalty is imprisonment for 20 years. There is also a standard non-parole period of 5 years. The judge indicated a sentence of 2 years 3 months for this offence. 7. The applicant was accepted to have entered early pleas of guilty to the offences and so the indicative sentences were each the result of a 25 per cent reduction of the otherwise appropriate sentence.