Twaddell v R [2019] NSWCCA 116

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Twaddell v R [2019] NSWCCA 116 Hearing dates: 3 April 2019 Date of orders: 05 June 2019 Decision date: 05 June 2019 Before: Leeming JA; Ierace J; Hidden AJ Decision: (1) Leave to appeal is granted and the appeal is allowed. (2) The sentence passed in the District Court is quashed. In lieu, the applicant is sentenced to an aggregate term of imprisonment of 4 years and 6 months, commencing on 21 August 2016 and expiring on 20 February 2021, with a non-parole period of 2 years and 9 months, expiring on 20 May 2019. (3) The applicant is eligible for release on parole immediately. Catchwords: CRIMINAL LAW – application for leave to appeal against sentence – offence of break, enter and steal, aggravated break, enter and steal – Form 1 matters – whether sentencing judge failed to assess the objective seriousness of the offences – new evidence, including evidence of applicant's intellectual disability, received on re-sentence Legislation Cited: Crimes Act 1900 (NSW) Cases Cited: Gal v R [2015] NSWCCA 242 Muldrock v The Queen (2011) 244 CLR 120, [2011] HCA 39 R v Van Ryn [2016] NSWCCA 1 Category: Principal judgment Parties: Joshua Twaddell (Applicant) Regina (Crown) Representation: Counsel: T Quilter, Public Defender (Applicant) G Newton, Crown Prosecutor (Crown)

Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2016/220736; 2016/220738; 2016/220742 Publication restriction: None Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Citation: N/A Date of Decision: 17 March 2017 Before: Bennett DCJ File Number(s): 2016/220736; 2016/220738; 2016/220742