Regina v A. [1999] NSWCCA 61

New South Wales Court of Criminal Appeal CITATION : Regina v A. [1999] NSWCCA 61 FILE NUMBER(S) : CCA 60639/97 HEARING DATE(S) : 12 March, 1999 JUDGMENT DATE : 30 March 1999

PARTIES : REGINA v A. JUDGMENT OF : Simpson J; Smart AJ

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL OFFICER :

COUNSEL : J S Andrews for the Appellant R E Ellis for the Crown SOLICITORS : T A Murphy for the Applicant S E O'Connor for the Crown CATCHWORDS : Severity of sentence - larceny of motor vehicles - malicious damage to property - obtaining money by deception - accessory after fact to thefts of motor vehicles - possession of implements capable of being used in motor vehicle theft - Discount for assistance. ACTS CITED : s.154AA, S.188, s.178BA, s.344A, s.177, s.195(b) & s.114(1)(b) of Crimes Act 1900 R. v Cartwright (1989) 17 NSWLR 243 CASES CITED: R. v Ellis (1986) 6 NSWLR 603 Pearce v R. (1998) 72 ALJR1416 DECISION : 1 The Court makes the following orders; (1) Order that the applicant be known by the letter "A" and that no material be published which would identify or tend to identify the applicant; (2) Leave to appeal granted; (3) Each sentence quashed; (4) In lieu thereof; (i) on counts 5,6 and 7 on the second indictment ; (all of which were offences of larceny of motor vehicles) the applicant be sentenced to a total term of penal servitude for three and a half years made up of a minimum term of two years and four months to commence on 24 November 1997 and expire on 23 March 2000 and an additional term of one year and two months to commence on 24 March 2000 and expire on 23 May 2001; (ii) on counts 1, 2, 3, 4, 5, 7, 9, 10, 11, 13, 14, 15, 16, 17, 19, 20, 21, 22, 23, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38 on the first indictment, and counts 1 - 4 in the second indictment and the first count on which the applicant was committed for sentence by the Local Court ; (ie, all remaining offences of larceny of motor vehicles, one offence of stealing, the offences of receiving, and of malicious damage to property); a total term of penal servitude for two years eight months, made up of a minimum term of one year and eight months to commence on 24 March 1999 and expire on 23 November 2000, and an additional term of twelve months to commence on 24 November 2000 and expire on 23 November 2001; (iii) on counts 12, 18, 24, 26 and 27 on the first indictment ; (ie. the offences of obtaining or attempting to obtain money by deception); a fixed term of penal servitude for one year and nine months to be served concurrently with the earlier of the sentences already imposed, that is, to commence on 24 November 1997 and expire on 23 August 1999; (iv) on counts 6 and 25 on the first indictment and counts 8, 9 and 10 on the second indictment; (that is, offences of stealing and the accessorial offences); a fixed term of penal servitude for one year and three months, also to be served concurrently with the sentences earlier imposed, that is, to commence on 24 November 1997 and expire on 23 February 1999; (v) on the second count on which the applicant was committed for sentence (implements possession); a fixed term of penal servitude for three months, also to be served concurrently with the sentences earlier imposed, that is, to commence on 24 November 1997 and expire on 23 February 1998.; (5) The Supplementary Reasons be placed in a sealed envelope within the Court file not to be opened save with the leave of a judge of the Court of Criminal Appeal and that envelope be endorsed accordingly. A copy of the Supplementary Reasons is to be made available to the sentencing judge and to the Director of Public Prosecutions (for perusal by him and his nominated officers) and the solicitor for the applicant for perusal by the applicant's legal advisers and the applicant. They are not to be otherwise published or distributed except with the leave of a judge of the Court of Criminal Appeal.