Zeiser v R [2020] NSWCCA 154

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Zeiser v R [2020] NSWCCA 154 Hearing dates: 3 July 2020 Date of orders: 3 July 2020 Decision date: 10 July 2020 Before: Payne JA; Fagan J; Cavanagh J Decision: (1) Leave to appeal is granted. (2) The appeal is allowed in respect of the sentence fixed by Acting Judge Latham on 29 March 2019, for the single count of robbery in company on 31 July 2017 and the sentence is quashed. (3) In lieu thereof the applicant is sentenced for that offence to imprisonment for 2 years and 6 months commencing on 2 August 2019 and expiring on 1 February 2022 with a non-parole period of 1 year and 10 months to expire on 1 June 2021. Catchwords: CRIME – appeals – sentence appeal – several counts of robbery in company – whether sentencing judge failed to consider utilitarian value of plea of guilty – error in calculation established – appeal granted – sentence adjusted Legislation Cited: Crimes Act 1900 (NSW) Cases Cited: Lehn v R (2016) 93 NSWLR 205; [2016] NSWCCA 255 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Category: Principal judgment Parties: Michael Zeiser (applicant) Regina (respondent) Representation: Counsel: A Evers (applicant) M Millward (respondent)

Solicitors: Legal Aid NSW (applicant) Solicitor for Director of Public Prosecutions (respondent) File Number(s): 2017/235720 Publication restriction: No Decision under appeal Court or tribunal: District Court Wollongong Jurisdiction: Criminal Date of Decision: 29 March 2019 Before: Latham ADCJ File Number(s): 2017/235720