Regina v Shannon Ryan [1999] NSWCCA 432

New South Wales Court of Criminal Appeal CITATION : Regina v Shannon Ryan [1999] NSWCCA 432 FILE NUMBER(S) : CCA 60498/98 HEARING DATE(S) : 1 October 1999 JUDGMENT DATE : 16 December 1999

PARTIES : Regina Shannon Ryan JUDGMENT OF : Spigelman CJ at 1; Grove J at 2; Sully J at 3

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/21/1070 LOWER COURT JUDICIAL OFFICER : Nield DCJ

COUNSEL : C. K. Maxwell SC - Crown P. J. D. Hamill - Applicant SOLICITORS : S. E. O'Connor - Crown Heenan & Co. - Applicant CATCHWORDS : Criminal law, breaking, entering and stealing - 8 separate offences - receiving - 3 separate offences - applicant sentenced in respect of the 8 offences of breaking, entering and stealing to penal servitude for 4 years, MT/2 years, AT/2 years. Applicant sentenced in respect of the receiving sentences to penal servitude for a fixed and concurrent term for 2 years - appeal based upon parity with a co-offender whose sentence had been reduced by an earlier decision of the CCA - held: some adjustment justified by reason of parity - appeal against sentence allowed and the minimum term of 2 years imposed in respect of the offences of breaking entering and stealing reduced to 1-1/2 years. ACTS CITED : Crimes Act 1900 (NSW) Sentencing Act CASES CITED: Reg v Diamond: Hunt CJ at CL and James J, Smart JJ dissenting: unreported, 18/2/93; Reg. v Steele: Sheller JA, Grove and Simpson JJ: unreported, 17 April 1997 DECISION : Leave to appeal granted; appeal against sentences allowed and sentences quashed; For each contravention of s.188 of the Crimes Act 1900, the applicant sentenced to penal servitude for a fixed term of 1 year and 6 months, to commence on 11 August 1998 and to expire on 10 February 2000; and in respect of each contravention of s.112(1) of the Crimes Act 1900, the applicant sentenced to penal servitude for 3 years and 6 months, divided between a minimum term of 1 year and 6 months to commence on 11 August 1998 and to expire on 10 February 2000, and an additional term of 2 years to commence on 11 February 2000, and to expire on 10 February 2002.