Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: McGoldrick v Regina [2012] NSWCCA 7 Hearing dates: 6 December 2011 Decision date: 13 February 2012 Before: Bathurst CJ at 1
Simpson J at 2
Adamson J at 3Decision: Leave to appeal refused
Catchwords: CRIMINAL LAW - application for leave to appeal against sentence - break, enter and steal offences on residential properties - whether adequate representation at sentencing - whether the sentence imposed was too severe - refusal by the Drug Court to follow the sentencing judge's recommendation that the applicant be accepted into a compulsory drug treatment program Legislation Cited: - Crimes Act 1900 (NSW) - s 112 (1)
- Crimes (Sentencing Procedure) Act 1999 (NSW) - s 21A, s 32, s 44(2)
- Criminal Appeal Act 1912 (NSW) - s 26
- Drug Court Act 1998 (NSW) - s 5A, s 18BCases Cited: - R v Harris (2007) 171 A Crim R 267
- R v McNaughton (2006) 66 NSWLR 566
- R v McVittie [2002] NSWCCA 344
- R v Ponfield & Others (1999) 48 NSWLR 327
- Veen v The Queen (No 2) (1988) 164 CLR 465Category: Principal judgment Parties: Jason Anthony McGoldrick - Applicant
Regina - RespondentRepresentation: Self represented - Applicant
V Lydiard - Respondent
Self represented - Applicant
S Kavanagh - Respondent
File Number(s): 2009/059891 Decision under appeal
- Date of Decision:
- 2010-03-23 00:00:00
- Before:
- His Honour Judge Sides QC
- File Number(s):
- 2009/5989
Judgment
BATHURST CJ : I agree with Adamson J.
SIMPSON J : I agree with Adamson J.
ADAMSON J :
The Proceedings
This is an application for leave to appeal against the sentences imposed upon the applicant by his Honour Judge Sides QC in the District Court of New South Wales at Parramatta on 23 March 2010. The applicant was convicted of three counts of break, enter and steal contrary to s 112(1) of the Crimes Act 1900 (NSW), for which the maximum penalty is 14 years imprisonment. The sentencing judge was asked to take into account further offences of break, enter and steal, resist arrest, possession of car breaking implements and offensive language on a form filed in accordance with s 32 of the Act ( the Form 1 offences ).
Sentences
In relation to the first count committed 31 January 2006 the sentencing judge ordered a total term of 40 months imprisonment to commence on 23 June 2009, with a non-parole period of 30 months. In relation to the second count committed on 16 November 2008 his Honour ordered a total term of 40 months imprisonment to commence on 23 September 2009, with a non-parole period of 30 months. In relation to the third count committed on 4 December 2008 the sentencing judge order a non-parole period of 33 months with a total term of 4 years imprisonment to commence on 23 June 2010. On the latter count the Form 1 offences were taken into account.
The sentencing judge determined that the sentence…
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- AGLC
- McGoldrick v Regina [2012] NSWCCA 7
- Case
- [2012] NSWCCA 7
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether McGoldrick had been adequately represented at sentencing and whether the sentence imposed was too severe. The court also had to consider whether the Drug Court's refusal to follow the sentencing judge's recommendation regarding the compulsory drug treatment program was an error of law.
The court found that McGoldrick had been adequately represented at sentencing and that the sentence imposed was not too severe. The court held that there was no error of law in the Drug Court's refusal to follow the sentencing judge's recommendation regarding the compulsory drug treatment program. The court found that McGoldrick's legal representation had been adequate, as the lawyer had raised all relevant matters and made submissions on the appropriate sentence. The court also found that the sentence imposed was not manifestly inadequate or excessive. The court held that the Drug Court was not bound to follow the sentencing judge's recommendation regarding the compulsory drug treatment program and that the Drug Court had considered all relevant factors in making its decision. The court therefore dismissed the application for leave to appeal.
The court did not make any orders in relation to the application for leave to appeal.
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
Established by: BATHURST CJ, SIMPSON J, ADAMSON J
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