Regina v Colgan [1999] NSWCCA 292

New South Wales Court of Criminal Appeal CITATION : Regina v Colgan [1999] NSWCCA 292 FILE NUMBER(S) : CCA 60105/99 HEARING DATE(S) : 15 September 1999 JUDGMENT DATE : 15 September 1999

PARTIES : Regina Danielle Colgan JUDGMENT OF : Spigelman CJ at 15; Newman J at 17; Sully J at 2

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/31/0482 LOWER COURT JUDICIAL OFFICER : Mitchelmore DCJ

COUNSEL : C. K. Maxwell QC - Crown Miss R. Burgess - Applicant SOLICITORS : S. E. O'Connor - Crown T. A. Murphy - Applicant CATCHWORDS : ACTS CITED : - CASES CITED: R v Govinden (1999) NSW CCA118 DECISION : Leave to appeal granted; appeal dismissed

IN THE COURT OF CRIMINAL APPEAL

60105/99

SPIGELMAN CJ NEWMAN J SULLY J

15 September 1999

REGINA v Danielle COLGAN

JUDGMENT

1 SPIGELMAN CJ: I invite Sully J to deliver the first judgment. 2 SULLY J: This is an application by Danielle Colgan for leave to appeal against sentences imposed upon her in the District Court at Newcastle by Mitchelmore DCJ on 1 March of this year. 3 The applicant had pleaded guilty in the District Court to two charges, one of armed robbery and the other of attempted armed robbery in company. She had asked the sentencing Judge to take into account, as well, four other associated matters none of which was comparable in seriousness to the two principal matters to which she pleaded guilty. 4 The learned sentencing Judge imposed upon the armed robbery count a sentence of penal servitude for two years, with a minimum term of one year, commencing on 19 February last and expiring on 18 February 2000, and an additional term of one year commencing 18 February 2000. On the second principal matter, that is to say the attempted armed robbery in company, his Honour imposed a concurrent fixed term of penal servitude for one year. 5 It might be noted that the offence of armed robbery, and the offence of attempted armed robbery in company, are both offences attracting, on conviction, a maximum sentence of penal servitude for 20 years. 6 The relevant objective facts may be taken conveniently, and as follows from the relevant Police Facts Sheet: "Just after midnight on Wednesday 23 September, 1998 the defendant saw a friend of hers named Crystal in a Green Ford Fairlane Sedan registered number OCM939 in Mann Street, Gosford. The defendant asked her friend if the car was stolen after noticing a piece of wire hanging from the ignition, and the friend told her that the car was stolen. The defendant got into the car and the two drove to the Wyong area where they picked up two male friends. The four then went to the Road Pantry Service Station on the Pacific Highway at Lisarow where they put on balaclavas and gloves and the defendant and two others got out of the vehicle. They attempted to gain entry to the service station via the front door which had been locked by the attendant. They were unable to gain entry and so one of the accomplices took something similar to a baseball bat from the car and attempted to smash their way into the service station. This person also yelled at the attendant to open the door. Entry was not gained and so the three got back into the vehicle driven by the fourth person and left the scene at high speed. The vehicle OCM 939 was stolen from the Commonwealth Bank carpark in Gosford between 5.55 pm and 10.00pm on 22 September, 1998.