REGINA v LEONI [1999] NSWCCA 14

New South Wales Court of Criminal Appeal CITATION : REGINA v LEONI [1999] NSWCCA 14 FILE NUMBER(S) : CCA 60357 of 1998 HEARING DATE(S) : 2 March 1999 JUDGMENT DATE : 4 March 1999

PARTIES : Ricardo Leoni (appellant) The Director of Public Prosecutions (respondent) JUDGMENT OF : Abadee J at 1; Barr J at 4; Adams J at 6

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 97/11/0857 LOWER COURT JUDICIAL OFFICER : Delaney DCJ

COUNSEL : Crown: Mr W Dawe QC Appellant: Mr J Papayanni SOLICITORS : S E O'Connor (respondent) Jeffreys & Associates (appellant) CATCHWORDS : Plea of guilty; application to withdraw; charge under s 97(1) Crimes ; robbery in company; meaning of 'company' ACTS CITED : Crimes Act 1900 Criminal Law Consolidation Act 1935-1976 R v Galey (1985) 1 NZLR 230 R v Brougham (1986) 43 SASR 187 R v Cooper (1978) 17 SASR 472 R v Langlands (1932) VLR 450 Mcauliffe (1995) 79 A Crim R 229 CASES CITED: R v Howard (1987) 1 NZLR 347 Ferrer Esis (1991) 55 A Crim R 231 at 233 R v Chiron (1980) 1 NSWLR 218 Ryan (1995) 90 A Crim R 191 Boag (1994) 73 A Crim R 35 at 37 Astor v Hayes (1988) A Crim R 219 DECISION : Application to appeal against conviction and sentence is refused. Reasons given 4 March 1999

1

IN THE COURT OF CRIMINAL APPEAL

NO. 60357/98 ABADEE J BARR J ADAMS J

2 March 1999 REGINA v RICARDO LEONI

JUDGMENT

1 ABADEE J: I will ask Mr Justice Adams to deliver the orders and he will indicate that we will give our reasons in due course. 2 ADAMS J: In respect of the appeal from his Honour's refusal to allow the plea of guilty to be withdrawn, I propose that the appeal be dismissed. If leave be necessary, I propose that leave be granted and the appeal be dismissed. In respect of the application for leave to appeal against the sentence, I propose that the application be refused. I propose that the Court should deliver its reasons at a later date. 3 ABADEE J: I agree with the orders proposed by Mr Justice Adams. 4 BARR J: I also agree. 5 ABADEE J: The orders of the court are the orders proposed by Mr Justice Adams and the reasons for such orders will be delivered in due course.