Purves v R [2019] NSWCCA 227

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Purves v R [2019] NSWCCA 227 Hearing dates: 13 September 2019 Date of orders: 13 September 2019 Decision date: 13 September 2019 Before: Bell P at [8]; Simpson AJA at [1]; Fullerton J at [10] Decision: (1) Leave granted to appeal against sentence. (2) Appeal allowed. (3) Set aside the sentence imposed by the District Court on 2 August 2018. (4) Pursuant to s 12 of the Criminal Appeal Act 1912 (NSW) the proceedings be remitted to the District Court. (5) Matter be listed in the District Court at 9.30am on Friday, 20 September 2019. Catchwords: CRIMINAL PROCEDURE – application for leave to appeal against sentence – additional offences taken into account – Crimes Act 1914 (Cth), s 16BA – procedural failure – failure to ask statutory inquiries – procedure to be undertaken by court in which person is convicted – remittal to District Court for sentence Legislation Cited: Criminal Code (Cth) Crimes Act 1914 (Cth), ss 16BA, 19, 20 Cases Cited: Sabel v R; R v Sabel [2014] NSWCCA 101; (2014) 242 A Crim R 49 Category: Principal judgment Parties: Douglas Thomas Purves (Applicant) Regina (Respondent) Representation: Counsel: In person (Applicant) S Callan (Respondent)

Solicitors: Not applicable (Applicant) Commonwealth Director of Public Prosecutions (Respondent) File Number(s): 2017/35364 Publication restriction: Non-publication of any information or material that may lead to the identification of the complainants (Crimes Act 1900 (NSW), s 578A; Children (Criminal Proceedings) Act 1987 (NSW), s 15A) Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 2 August 2018 Before: Williams DCJ File Number(s): 2017/35364