Hoskins v R [2020] NSWCCA 18

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hoskins v R [2020] NSWCCA 18 Hearing dates: 10 February 2020 Date of orders: 10 February 2020 Decision date: 21 February 2020 Before: Basten JA at [1]; R A Hulme at [25]; N Adams J at [82] Decision: 1. Grant leave to appeal from the sentence imposed in the District Court at Wollongong on 14 June 2019.

2. Allow the appeal in part and set aside order (1) being a sentence of imprisonment for 3 years with a non-parole period of 1 year, 6 months, commencing on 7 September 2018 for the offence contrary to s 52AB(1) of the Crimes Act 1900 (NSW).

3. Resentence the offender to a term of imprisonment comprising a non-parole period of 1 year and 3 months to date from 7 September 2018, and taken to have expired on 6 December 2019, with a balance of term of 1 year expiring on 6 December 2020.

4. Note that the offender is entitled to be released forthwith subject to a statutory parole order pursuant to s 158 of the Crimes (Administration of Sentences) Act 1999 (NSW).

5. Pursuant to s 206A(5) of the Road Transport Act 2013 (NSW), order that the 12 months period of disqualification be directed to commence at the expiration of the non-parole period, namely on 6 December 2019, and expire on 5 December 2020.

6. All other aspects of the sentencing orders of the District Court of 14 June 2019 are confirmed. Catchwords: CRIME – Appeals – Appeal against sentence – application of Bugmy principles where offender now living prosocial life – impact of disadvantaged and dysfunctional background long-lasting and continuing – link between background and poor decision-making consistent with offending