R v Reynolds [1999] NSWCCA 238

New South Wales Court of Criminal Appeal CITATION : R v Reynolds [1999] NSWCCA 238 FILE NUMBER(S) : CCA 60053/1999 HEARING DATE(S) : 16 August 1999 JUDGMENT DATE : 16 August 1999

PARTIES : Wayne Bradley Reynolds Regina (NSW) JUDGMENT OF : Wood CJ at CL; Greg James J

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/31/0449 LOWER COURT JUDICIAL OFFICER : Job DCJ

COUNSEL : Unrepresented L. Lamprati for Crown SOLICITORS : Unrepresented S.E. O'Connor CATCHWORDS : DECISION : Application for leave to appeal against severity of sentence refused. Sentence below is confirmed.

IN THE COURT OF CRIMINAL APPEAL

60053/99 WOOD CJ at CL GREG JAMES J

MONDAY 16 AUGUST 1999 REGINA v WANE BRADLEY REYNOLDS

JUDGMENT

1 WOOD CJ AT CL: The application for leave to appeal against sentence is refused, the Court being of the unanimous decision that the appeal does not raise any question of general principle, or reveal any error on the part of the sentencing judge. 2 Pursuant to s 21A of the Criminal Appeal Act the Court's reasons, in short form, are as follows: 3 The applicant pleaded guilty to two offences of robbery from the person, contrary to s 94 of the Crimes Act, each committed in shops within the Newcastle region, involving a total sum of $800 and a cash register. 4 The victims on each occasion were shopkeepers, each of whom became involved in a struggle with the applicant. The first victim sustained an injury to her back and arm when resisting the applicant's efforts to take away the cash register. The second victim sustained a punch to the face. 5 The second offence occurred while the applicant was subject to a recognisance to be of good behaviour for an offence of accessory before the fact to stealing, and at a time when he was subject to a periodic detention order for an offence of stealing. 6 The applicant had prior convictions relating to drug abuse, assault and break enter and steal. 7 The present offences were committed to support a drug habit. 8 The applicant was represented by counsel and admitted the essential legal ingredients of the offences of robbery to which he pleaded guilty. The facts placed before the sentencing judge supported those charges. 9 It has not been shown that any error arose in the acceptance of those pleas or in the applicant being sentenced accordingly. 10 The offences charged were serious offences in respect of which significant sentences of imprisonment were appropriate: Valentini (1989) 46 A Crim R 23 at 26 and Redman (1990) 47 A Crim R 181, 184. 11 The sentences imposed, comprising concurrent minimum terms of penal servitude for two years and additional terms of two years, were entirely within the legitimate sentencing range for the offences charged, taking into account the objective and subjective facts, including the plea of guilty and the material tendered in relation to the applicant's addiction to drugs. Those circumstances were, on the face of the reasons for sentence, given appropriate weight by his Honour, in relation to the sentencing order as a whole, and in relation to the proportion between the minimum and additional terms. 12 Accordingly, the order of the Court is that the application for leave to appeal against sentence is refused. The sentence below is confirmed. 13 The Court, however, is of the view that the applicant's request to be allowed a compassionate visit to see his mother, who is suffering from a terminal illness, should be carefully considered, by the Corrective Services Commission. 14 The applicant has informed us that he is presently being held at Silverwater pending re-classification and transfer to Junee. His mother is resident in Newcastle. As a consequence, it would be appropriate that the request be considered prior to any further transfer of him to a Corrective Services institution which is somewhat remote from Newcastle. 15 GREG JAMES J: I agree. It might be of assistance if the officers accompanying the prisoner were able to remit that recommendation with him when he returns to custody. **********