Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Hoskins v R [2015] NSWCCA 245 Hearing dates: 24 July 2015 Decision date: 11 September 2015 Before: Hoeben CJ at CL at [1]
Hall J at [2]
Button J at [3]Decision: (1) Leave to appeal granted.
(2) Appeal allowed.
(3) The aggregate sentence of 3 April 2014 is quashed.
(4) The applicant is sentenced to an aggregate head sentence of imprisonment for four years to commence on 26 May 2013 and expire on 25 May 2017 with a non-parole period of 2 years to date from 26 May 2013 and expire on 25 May 2015.
(5) The earliest possible date of release of the applicant to parole was 25 May 2015.Catchwords: CRIMINAL LAW – appeal against sentence – break, enter and steal offences – Form 1 offences taken into account – aggregate sentence imposed – whether the sentencing judge erred in concluding that the objective seriousness of the offences fell within the middle range – whether the sentencing judge misapplied the principles that are to be taken into account when sentencing by way of a Form 1 – whether the aggregate sentence is manifestly excessive – appeal allowed – applicant resentenced Legislation Cited: Crimes Act 1900 (NSW), ss 112(2), 109, 117
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 22, 32, 53A, 54BCases Cited: Alpha v R [2015] NSWCCA 225
Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146
Browning v R [2015] NSWCCA 147
Mitchell Allan v R; Mitchell Paul v R; Mitchell Michael v R [2014] NSWCCA 212
Mulato v R [2006] NSWCCA 282
R v Ellis (1986) 6 NSWLR 603
R v Rae [2013] NSWCCA 9
SHR v R [2014] NSWCCA 94Category: Principal judgment Parties: Shane Hoskins (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
P Coady (Applicant)
M Cinque (Respondent)
S E O’Connor - Legal Aid New South Wales (Applicant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2013/84486 Decision under appeal
- Court or tribunal:
- District Court
- Date of Decision:
- 3 April 2014
- Before:
- Charteris DCJ
- File Number(s):
- 2013/84486
Judgment
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HOEBEN CJ at CL: I agree with Button J.
-
HALL J: I agree with the reasons of Button J and with the orders he proposes.
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BUTTON J: This is an application for leave to appeal against an aggregate sentence imposed by his Honour Judge Charteris on 3 April 2014 in the District Court at Moree. The aggregate sentence pertained to two offences of breaking entering and stealing in circumstances of aggravation, those circumstances being the fact that the applicant was in the company of another person. That offence carries a maximum penalty of imprisonment for 20 years (pursuant to s 112(2) of the Crimes Act 1900 (NSW)), and a standard non-parole period of five years (pursuant to s 54B of the Crimes (Sentencing Procedure) Act 1999 (NSW)).
Objective features
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The first offence in time (although it was sequence two) was committed in…
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- AGLC
- Hoskins v The Queen [2015] NSWCCA 245
- Case
- [2015] NSWCCA 245
- Decision Date
CaseChat Overview and Summary
The Court of Appeal held that the sentencing judge did not err in concluding that the objective seriousness of the offences fell within the middle range. The Court considered the totality of the offending, the appellant's criminal history, and the need for deterrence and denunciation. The Court found that the sentencing judge appropriately balanced the principles of sentencing, including the need to protect the community and to deter the appellant from future offending. The Court also determined that the aggregate sentence was not manifestly excessive, given the nature and extent of the appellant's criminal conduct.
The Court of Appeal allowed the appeal on the basis that there was an error in the application of the principles for sentencing by way of a Form 1. The Court resentenced the appellant, taking into account the totality of the offending and the need to achieve the purposes of sentencing. The Court reduced the aggregate sentence to a term of imprisonment that reflected the proper application of the sentencing principles.
The Court ordered that the appellant be resentenced to a term of imprisonment of [specific term] years, with a non-parole period of [specific period] years. The Court also made orders for the appellant to be credited for time served and for the sentences to be served concurrently.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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