Beavis v R [2018] NSWCCA 248

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Beavis v R [2018] NSWCCA 248 Hearing dates: 7 September 2018 Date of orders: 07 November 2018 Decision date: 07 November 2018 Before: Ward JA; Bellew J; Beech-Jones J Decision: 1. Leave be granted to raise ground 2 of the appeal against conviction and dismiss the appeal against conviction. 2. Leave be granted to raise ground 1 of the appeal against severity of sentence and the appeal be allowed. 3. Set aside the sentence imposed by Bright DCJ on 8 December 2017. 4. In lieu thereof: (a) impose an aggregate sentence of 7 years commencing on 7 December 2017 and expiring on 6 December 2024; (b) pursuant to s 44(2A) of the Crimes (Sentencing Procedure) Act 1999 (NSW) set a non-parole period of 4 years and 2 months commencing 7 December 2017 and expiring 6 February 2022; (c) specify that the earliest date the applicant will be eligible to be released on parole is 6 February 2022; (d) pursuant to s 53A(2)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW), indicate to the appellant and record that an aggregate sentence is imposed and that the sentence that would have been imposed for count 1 on the indictment is 9 months' imprisonment with a non-parole period of 5 months; for count 2 on the indictment the sentence that would have been imposed is 2 years' imprisonment with a non-parole period of 1 year and 3 months; for count 3 on the indictment the sentence that would have been imposed is 4 years and 3 months' imprisonment; for count 4 on the indictment the sentence that would have been imposed is 2 years and 6 months' imprisonment; and for count 5 on the indictment the sentence that would have been imposed is 3 years and 3 months' imprisonment. Catchwords: CRIMINAL LAW – application for leave to appeal against conviction – whether a miscarriage was occasioned by misdirection to the jury regarding evidence given on oath by the appellant – whether verdict of jury unreasonable – leave refused to raise first ground – leave granted to raise second ground but held verdict was not unreasonable – appeal against conviction dismissed