Regina v Daniel MASON [2000] NSWCCA 207

New South Wales Court of Criminal Appeal

CITATION : Regina v Daniel MASON [2000] NSWCCA 207 FILE NUMBER(S) : CCA 60349/99 HEARING DATE(S) : 29/05/2000 JUDGMENT DATE : 29 May 2000

PARTIES : Regina Daniel MASON JUDGMENT OF : Sully J at 1; Adams J at 39

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/31/0501 LOWER COURT JUDICIAL Kirkham DCJ OFFICER :

COUNSEL : D. Frearson - Crown Ms R. Burgess - Appellant SOLICITORS : S. E. O'Connor - Crown T. A. Murphy - Appellant

LEGISLATION CITED : Crimes Act 1900 Sentencing Act 1989 R v Henry (1999) 46 NSWLR 346 CASES CITED: R v Close (1992) 31 NSWLR 743 R v Glenister (1980) 2 NSWLR 597R R v Boo Too & anor., unreported, 1992 CCA (NSW) DECISION : Leave to appeal granted; Sentence quashed and in its place applicant sentenced to imprisonment for 5 years and 4 months divided between a minimum term of 3 years, to commence on 22 September 1998 and expire on 21 September 2001, and an additional term of 2 years and 4 months to commence on 22 September 2001

IN THE COURT OF CRIMINAL APPEAL

60349/99

SULLY J ADAMS J

29 May 2000

REGINA v Daniel MASON

JUDGMENT

1 SULLY J: On 11 February 1999 the present applicant, Mr Daniel Mason, appeared in the District Court before his Honour Judge McGuire of that Court. He was arraigned, and pleaded guilty to one count of aggravated assault with intent to rob. Such an offence contravenes s 95(1) of the Crimes Act 1900, and it attracts upon conviction a statutory maximum penalty of penal servitude, (now imprisonment), for 20 years. 2 Eventually, on 4 June 1999 the applicant appeared before his Honour Judge Kirkham in the District Court sitting at Gosford. He adhered to his plea of guilty; and his Honour Judge Kirkham heard accordingly evidence and submissions on sentence. His Honour proceeded, at once, and ex tempore to pass sentence. 3 Because this Court proposes to intervene and to alter in some respects the sentence imposed by his Honour Judge Kirkham, I would think it, for my own part, fair to preface what follows by acknowledging that his Honour, like all Judges of the District Court, particularly those sitting in circuits, was undoubtedly under considerable, and well recognised, pressure to deal expeditiously with all the matters in his list, and to give, therefore, if at all possible, judgment ex tempore.