R v Duma [2000] NSWCCA 132

New South Wales Court of Criminal Appeal

CITATION : R v Duma [2000] NSWCCA 132 FILE NUMBER(S) : CCA 60220/99 HEARING DATE(S) : 13 March 2000 JUDGMENT DATE : 19 April 2000

PARTIES : REGINA (Respondent) Paul DUMA (Applicant) JUDGMENT OF : Simpson J at 1; Smart AJ at 20

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/21/3142; 99/11/0046 LOWER COURT JUDICIAL Ford DCJ OFFICER :

COUNSEL : C K Maxwell QC (Crown/Respondent) A Barrie (Applicant) SOLICITORS : S E O' Connor (Crown/Respondent) George Sten & Co. (Applicant)

Criminal Procedure Act 1986 LEGISLATION CITED : Sentencing Act 1989 Crimes (Sentencing Procedure) Act 1999 CASES CITED: R v Henry (1999) 46 NSWLR 346 DECISION : On the first count; (i) leave to appeal be granted, the appeal allowed and the sentence imposed be quashed; (ii) in lieu thereof, the applicant be sentenced to imprisonment for four years, with a non-parole period of two years and six months, the sentence to commence on 12 March 1999; The earliest date on which the applicant would be eligible for release on parole would be 11 September 2001; On the remaining counts leave to appeal granted but the appeal dismissed.

IN THE COURT OF CRIMINAL APPEAL 60220/99

SIMPSON J ` SMART AJ

Wednesday 19 April 2000

REGINA v Paul DUMA Judgment

SIMPSON J : 1 On 15 March 1999 the applicant appeared in the District Court and entered a plea of guilty to a charge of robbery with corporal violence, an offence he committed on 21 November 1997. He adhered to pleas of guilty formerly entered to three additional charges, one of aggravated robbery (the circumstances of aggravation being deprivation of liberty); of being carried in a conveyance without the consent of the owner; and of assaulting a police officer in the execution of his duty. Each of these offences was committed on 2 November 1998. The applicant asked that two further offences, of common assault, be taken into account pursuant to s 21 of the Criminal Procedure Act 1986. These offences were committed in association with the offence of robbery with corporal violence on 21 November 1997. 2 Each of the charges of robbery carries a maximum penalty of penal servitude for twenty years; each of the other charges carries a maximum penalty of penal servitude or imprisonment for five years.