Regina v Helmrich [1999] NSWCCA 446

New South Wales Court of Criminal Appeal CITATION : Regina v Helmrich [1999] NSWCCA 446 FILE NUMBER(S) : CCA 60379/98 HEARING DATE(S) : 24 May 1999 JUDGMENT DATE : 24 May 1999

PARTIES : Regina v Mark Helmrich JUDGMENT OF : Barr J at 1,38; McInerney AJ at 2

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

COUNSEL : P. Strickland (Appellant) D. Howard (Crown) SOLICITORS : T.A. Murphy (Appellant) C.K. Smith (Crown) CATCHWORDS : ACTS CITED : Crimes Act 1900 DECISION : Appeal allowed

IN THE COURT OF CRIMINAL APPEAL

60379/98

BARR J McINERNEY AJ

Monday, 24 May 1999

REGINA v Mark HELMRICH JUDGMENT

1 BARR J: In this matter I will ask Acting Justice McInerney to deliver the judgment. 2 McINERNEY AJ: This is an application by the applicant for leave to appeal against sentences imposed on him by Judge Nield of the District Court on 2 July 1998. 3 On 10 December 1997 the applicant appeared before Judge Nield on arraignment when he was charged with having committed the following offences: on 3 January 1997 at Winmalee, armed robbery of Ms Lena Maree Harvey, (2) armed robbery of Ms Simone Severs, (3) as an alternative to the above offences, being armed with intent to commit an indictable offence, namely stealing, (4) the assault of Mrs Mary Forrest and (5) the stealing of about $2300 from a firm, Bi-Lo Pty Limited.

4 He pleaded not guilty to the armed robbery charges numbered 1 and 2 and guilty to the other charges, numbered 3, 4 and 5. The Crown accepted his plea to the alternative charge in full satisfaction and discharge of an indictment as to charges 1 and 2. As to the offences, the armed with intent offence is contrary to s 114(1)(a) of the Crimes Act for which the prescribed punishment is penal servitude for a maximum of seven years.