Regina v Leonard [2000] NSWCCA 318

New South Wales Court of Criminal Appeal

CITATION : Regina v Leonard [2000] NSWCCA 318 FILE NUMBER(S) : CCA 60213/1999 HEARING DATE(S) : 14 July 2000 JUDGMENT DATE : 23 October 2000

PARTIES : Crown Kenneth Ronald Leonard JUDGMENT OF : Adams J at 1; Bell J at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 97/61/0220 LOWER COURT JUDICIAL Taylor DCJ OFFICER :

COUNSEL : W G Dawe C - Crown J S Stratton - Applicant SOLICITORS : S E O'Connor - Crown T A Murphy - Applicant CATCHWORDS : Criminal law - appeal against severity of sentence - sentencing of Aboriginal offenders. Crimes Act 1900 LEGISLATION CITED : Sentencing Act 1989 Crimes (Sentencing Procedure) Act 1999 R v Fernando (1992) 76 A Crim R 58 CASES CITED: R v Henry (1999) 46 NSWLR 346 R v Bloomfield (1998) 44 NSWLR 734 DECISION : Grant leave to appeal; appeal allowed.

IN THE COURT OF CRIMINAL APPEAL

60213/99

ADAMS J BELL J

23 October, 2000 REGINA v Kenneth Ronald LEONARD

JUDGMENT

1 The Court: On 14 July 2000 we made orders granting Kenneth Ronald Leonard ("the applicant") leave to appeal against the severity of a sentence imposed upon him in the District Court and allowing his appeal. We quashed the sentence and in lieu thereof we sentenced him to a term of four years imprisonment to date from 15 April 1999. We specified a non parole period of two years. We now give our reasons for making those orders. 2 The applicant was convicted of one count of robbery contrary to s 94 of the Crimes Act 1900. His trial commenced in the District Court at Dubbo on 12 April, 1999. The jury returned a verdict of guilty on 15 April 1999. The following day the applicant was sentenced to a minimum term of three years penal servitude to date from 15 April 1999. That term was expressed to conclude on 14 April 2002. An additional term of twelve months to commence on 15 April 2002 was specified. 3 By Notice of Appeal dated 5 May 1999 the applicant appealed against his conviction and sought leave to appeal against the severity of the sentence imposed upon him. By an undated notice received in the registry of the Court of Criminal Appeal on 10 April 2000 the applicant abandoned his appeal against conviction. He stated his intention to proceed with his application for leave to appeal against the severity of the sentence. 4 The facts of the offence are briefly set out at the commencement of his Honour's reasons for sentence; "The Crown case was that on 4 September 1996 an elderly lady Mrs Broome was walking towards her home in Coonamble. She was approached by the accused, he struggled with her and took her purse, about $80, a newspaper and groceries. At that time Mrs Broome was about 86 and photographs of her taken shortly after the incident depict a frail, elderly lady. She was too infirm to be brought to court."