R v White [2018] NSWCCA 238

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v White [2018] NSWCCA 238 Hearing dates: 26 March 2018 Date of orders: 26 March 2018 Decision date: 24 October 2018 Before: Bathurst CJ at [1]; Schmidt J at [14]; Hamill J at [15] Decision: (1) Grant the Crown leave to amend the notice of appeal by adding the additional ground in terms articulated by the Crown earlier during the hearing.

(2) Allow the appeal.

(3) Remit the sentencing proceedings to the District Court for [de]termination in accordance with law. Catchwords: SENTENCING – Sentencing procedure – Procedural fairness – Crown representative not heard on appropriateness of sentence imposed by sentencing judge – whether denial of procedural fairness to the Crown Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Cases Cited: Nil Category: Principal judgment Parties: The Crown (appellant) Louis White (respondent) Representation: Counsel: N Adams (appellant) D E Ozen (respondent)

Solicitors: Solicitor for Public Prosecutions (appellant) Longton Legal Pty Ltd (respondent) File Number(s): 2015/119742 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Citation: Nil Date of Decision: 14 December 2017 Before: Conlon DCJ File Number(s): 2015/119742