R v REID [2000] NSWCCA 166

New South Wales Court of Criminal Appeal

CITATION : R v REID [2000] NSWCCA 166 revised - 11/05/2000 FILE NUMBER(S) : CCA 60656/99 HEARING DATE(S) : 5 May 2000 JUDGMENT DATE : 5 May 2000

PARTIES : Regina David Charles REID JUDGMENT OF : Hulme J at 1; Carruthers AJ at 29

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/11/0274; 99/11/2513 LOWER COURT JUDICIAL Shadbolt DCJ OFFICER :

COUNSEL : Crown: LMB Lamprati Appellant: JS Stratton SOLICITORS : Crown: SE O'Connor Appellant: Brenda Duchen

DECISION : Application for leave to appeal is refused

IN THE COURT OF CRIMINAL APPEAL No: 60656/99

HULME J CARRUTHERS AJ

Friday 5 May 2000 REGINA -v-David Charles REID

JUDGMENT 1 HULME J : On 26 October 1999 this applicant for leave to appeal was sentenced in respect of one charge of being accessory after the fact to stealing from a person and another charge of larceny of a motor vehicle. The applicant had pleaded guilty to both charges, to one at committal proceedings. 2 The maximum penalty prescribed for being an accessory after the fact to stealing from a person is five years imprisonment. That prescribed for the offence of stealing a motor vehicle is ten years imprisonment. 3 To the extent of being an accessory the sentence imposed was a full term of three and a half years imprisonment including a term of 18 months commencing on 1 March 1999. His Honour found special circumstances in what he saw as the need of the applicant for a longer than normal period of supervision on parole whilst making some attempt of ridding himself of his drug addiction. His Honour suggested to the applicant that he go back on the methadone or undertake drug and alcohol counselling in prison. In respect of the offence of larceny of a motor vehicle, Judge Shadbolt sentenced the applicant to imprisonment for a minimum term of 18 months also commencing on 1 March 1999 and an additional term of six months commencing on 31 August 2000. 4 The circumstances of the offences were as follows. On 1 March 1999 the subject motor vehicle was parked in a locked condition at the Beecroft Railway Station carpark. The applicant and a co-offender broke into the car, the applicant using a screw driver to do so, and then both drove off in it. Near the West Pennant Hills Shopping Centre the co-offender lent out of the passenger side of the motor vehicle and grabbed a handbag a lady was carrying. The two then drove off with the applicant driving. The vehicle was followed by the victim's husband and then by police. After a short pursuit the offenders decamped. Later in the day the applicant was found hiding in the backyard of a nearby house. 5 The grounds of appeal are:- (1) His Honour erred in not applying the principle of parity. (2) His Honour sentenced the appellant (sic) on the basis that he was an accessory after the fact to robbery, and (3) The sentence was manifestly excessive. 6 It is convenient to deal with these grounds slightly out of order. Ground 2 7 During the course of his Honour's reasons and in the context of remarks concerning the prisoner's general situation in life and as someone in respect of whom the Aboriginal Protection Act had been implemented, referring to the applicant his Honour said:- "He cannot come out of prison and a month later be accessory after the fact to what is really a robbery and I am sure that Mr Reid understands that too. Something has to be done about his drug addiction..."