Robb v R [2019] NSWCCA 113

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Robb v R [2019] NSWCCA 113 Hearing dates: 17 May 2019 Decision date: 17 May 2019 Before: Bathurst CJ at [1], [21]-[26] and [28] Hamill J at [2] N Adams J at [27] Decision: (1) Application for leave to appeal granted. (2) Appeal allowed. (3) Sentence imposed in the District court quashed and in lieu thereof the applicant is sentenced to imprisonment comprising a non-parole period of 1 year 6 months commencing on 26 July 2017 and expiring on 25 January 2019. There will be a balance of term of 1 year 6 months commencing 26 January 2019 and expiring on 25 July 2020. (4) The applicant is to be released from custody forthwith. Catchwords: CRIME — Appeals — Appeal against sentence — Application for leave to appeal — Misapplication of principle — Commencement date of sentence — Offence committed while on day release Legislation Cited: Children (Detention Centres) Act 1987 (NSW), s 66 Crimes (Sentencing Procedure) Act 1999 (NSW), s 47 Cases Cited: Callaghan v R [2006] NSWCCA 58; 160 A Crim R 145 Kaderavek v R [2018] NSWCCA 92 R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 107 R v Moffitt (1990) 20 NSWLR 114 White v The Queen [2016] NSWCCA 190; (2016) 261 A Crim R 302 Category: Principal judgment Parties: James Charles Robb Regina Representation: Counsel: T Quilter (Robb) E Balodis (Regina)