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Court of Criminal Appeal 14 October 2022

Stephens v R

[2022] NSWCCA 224

Other

Citation: Stephens v R [2022] NSWCCA 224
Court: NSW Court of Criminal Appeal
Date: 14 October 2022
Judges: Simpson AJA, Davies J, Button J

Background

The applicant sought relief in the Court of Criminal Appeal in relation to sentences imposed on three counts at first instance. The proceeding appears to have been a sentence appeal or Crown appeal resulting in resentencing, though the specific offences underlying the three counts are not disclosed in the available text.

The Court recorded indicative head sentences for each count individually before arriving at an aggregate sentence. The sentence commenced on 26 August 2019, indicating the applicant had already been in custody for a significant period by the time of this decision.

A subsequent judgment, [2022] NSWCCA 227, was issued on 27 October 2022 and is referenced as an amendment to this decision, suggesting that reasons or corrections were published separately.

  • The appropriate aggregate sentence across three counts
  • The correct non-parole period to be set in conjunction with the aggregate head sentence
  • The indicative sentence to be recorded for each individual count as required when an aggregate sentence is imposed

Decision

The Court determined indicative head sentences for each of the three counts: one year for count 1, and three years each for counts 2 and 3. These indicative figures are recorded for transparency and appellate purposes but do not operate as separate sentences served consecutively or concurrently in the ordinary way. Rather, they inform the single aggregate term.

The Court then imposed an aggregate head sentence of 4 years and 6 months. The sentence ran from 26 August 2019 and was set to expire on 25 February 2024. The non-parole period was fixed at 2 years and 9 months, with the applicant's first eligibility for parole consideration falling on 25 May 2022.

The available text does not set out the Court's reasoning on the substantive sentencing factors, including any findings on objective seriousness, subjective circumstances, or the basis for the aggregate figure chosen. The full reasons appear to be contained in the related judgment at [2022] NSWCCA 227.

Orders Made

  • Count 1: indicative head sentence of 1 year's imprisonment recorded
  • Count 2: indicative head sentence of 3 years' imprisonment recorded
  • Count 3: indicative head sentence of 3 years' imprisonment recorded
  • Aggregate head sentence of 4 years 6 months' imprisonment imposed, commencing 26 August 2019 and expiring 25 February 2024
  • Non-parole period of 2 years 9 months fixed, with first parole eligibility date of 25 May 2022

Key Takeaways

  • The Court of Criminal Appeal imposed an aggregate sentence of 4 years 6 months across three counts, with indicative sentences recorded for each count as required under the aggregate sentencing regime
  • An aggregate head sentence does not simply add individual indicative terms; here, indicative terms totalling 7 years resulted in an aggregate of 4 years 6 months, reflecting the totality principle
  • The non-parole period of 2 years 9 months represents a ratio of approximately 61 per cent of the aggregate head sentence, which falls within the standard range under NSW sentencing law
  • A separate judgment at [2022] NSWCCA 227 contains amendments or supplementary reasons connected to this decision, and the two should be read together for a complete picture
  • Suppression orders or statutory publication restrictions may apply to this decision; any person relying on the judgment bears the responsibility of checking whether such restrictions affect their intended use of the material

Legislation and Cases Referenced

The available text does not set out specific legislation or cases cited. The aggregate sentencing regime in New South Wales is governed by the Crimes (Sentencing Procedure) Act 1999 (NSW), which provides the framework for recording indicative sentences and imposing a single aggregate term. The related judgment is [2022] NSWCCA 227.