Blanch v R [2019] NSWCCA 304

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Blanch v R [2019] NSWCCA 304 Hearing dates: 20 November 2019 Date of orders: 19 December 2019 Decision date: 19 December 2019 Before: Hoeben CJ at CL at [1]; Price J at [2]; Campbell J at [12] Decision: (1) Grant leave to appeal; (2) Appeal allowed; (3) Quash the sentence imposed by his Honour Judge Gartelmann SC in the District Court on 3 April 2019; (4) In substitution therefor, sentence Yvette Blanch to an aggregate period of imprisonment of 2 years and 9 months to be served by way of an Intensive Correction Order commencing on 13 March 2019 and expiring on 12 December 2021; (5) The Intensive Correction Order is subject to the following conditions:

(a) The offender must not commit any offence; (b) The offender must submit to supervision by a Community Corrections Officer; (c) The offender is to participate in a rehabilitation program on referral by the Community Corrections Officer; (d) The offender is to seek and receive treatment in consultation with her general practitioner or other professional to maintain or review her current medication regime; (e) The offender is to abstain from consuming alcohol and drugs; (f) The offender is to be subject to monitoring by Community Corrections of her relationship with Nathan Whalan. Catchwords: CRIMINAL APPEAL – sentence appeal – availability of intensive correction order – three grounds of appeal – first whether his Honour erred by failing to give paramount consideration to community safety as required by s 66(1) – second whether his Honour erred by failing to provide reasons for refusing to make an intensive correction order – third whether his Honour mistook the facts Legislation Cited: Crimes (High Risk Offenders) 2007 (NSW) s 9 Crimes (Sentencing Procedure) Act 1999 (NSW) ss 5; 7; 66; 21A; 17C; 17D; 67; 68; 69; 71; 47; 73; 73A; 73B Crimes (Sentencing Procedure) Amended Sentencing Options) Act 2017 (NSW) Criminal Appeal Act 1912 (NSW) s 6 Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Casella v R [2019] NSWCCA 201 Douar v R [2005] NSWCCA 455 House v The King (1936) 55 CLR 499; [1936] HCA 40 Karout v R [2019] NSWCCA 253 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Paul Campbell v R [2018] NSWCCA 87 R v Fangaloka [2019] NSWCCA 173 R v Kennedy [2019] NSWCCA 242 R v Pullen [2018] NSWCCA 264 R v Thomson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309 Taylor v R [2018] NSWCCA 255 Wan v R; R v Wan [2019] NSWCCA 86 Waterways Authority v Fitzgibbon [2005] HCA 57; (2005) 79 ALJR 1816 Texts Cited: Legislative Assembly, Hansard, 11 October 2017, Crimes (Sentencing Procedure) Amendment (Sentencing Options) Bill 2017 Category: Principal judgment Parties: Yvette Ann Blanch (Applicant) Crown (Respondent) Representation: Counsel: E. Balodis (Respondent) P. Lange (Applicant)