Regina v Jade Lillian CLARKE [2000] NSWCCA 160

New South Wales Court of Criminal Appeal

CITATION : Regina v Jade Lillian CLARKE [2000] NSWCCA 160 FILE NUMBER(S) : CCA 60196/99 HEARING DATE(S) : 5th May 2000 JUDGMENT DATE : 5 May 2000

PARTIES : Regina v Jade Lillian Clarke JUDGMENT OF : Hulme J at 28; Carruthers AJ at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/11/0702 LOWER COURT JUDICIAL Christie DCJ OFFICER :

COUNSEL : J S Stratton - Applicant L M B Lamprati - Crown SOLICITORS : T A Murphy - Applicant S E O'Connor - Crown CATCHWORDS : Criminal law - sentence appeal - alleged failure by sentencing judge to achieve parity of sentence between co-offenders - appellant pregnant at time of sentence - no sentencing error detected. LEGISLATION CITED : Crimes Act 1900, ss 97(1), 114(1), 116, 117 Henry (1999) 46 NSWLR 346 CASES CITED: Lowe (1984) 154 CLR 606 Postiglione (1995-1996) 189 CLR 295 DECISION : Application for leave to appeal granted; appeal dismissed.

IN THE COURT OF CRIMINAL APPEAL 60196/99

HULME J CARRUTHERS AJ Friday, 5 May 2000

REGINA v Jade Lillian CLARKE

JUDGMENT

1 CARRUTHERS AJ: Jade Lillian Clarke seeks leave to appeal against sentences imposed on her by his Honour Justice Christie QC at the Sydney District Court on 22 April 1999. The applicant had earlier pleaded guilty to one count under Section 97 of the Crimes Act, 1900 (the Act) robbery in company, which carries a maximum penalty of 20 years penal servitude. 2 His Honour took into account two offences on a Form 1, being one count of being armed with intent to commit an indictable offence under Section 114 of the Act. This offence carries a maximum penalty of seven years penal servitude. The second count was one of larceny which carries a maximum penalty of penal servitude for five years: see ss 116 and 117 of the Act.