R v Osborne [2001] NSWCCA 371

New South Wales Court of Criminal Appeal

CITATION : R v Osborne [2001] NSWCCA 371 FILE NUMBER(S) : CCA 60263/2000 HEARING DATE(S) : 13 July 2001 JUDGMENT DATE : 13 July 2001

PARTIES : Jeffrey Nedly OSBORNE - Applicant Crown - Respondent JUDGMENT OF : Simpson J at 1; Sperling J at 18

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/21/2126 LOWER COURT JUDICIAL O'Reilly DCJ OFFICER :

COUNSEL : Applicant in person D M Woodburne - Crown/Respondent SOLICITORS : Applicant in person SE O'Connor - Crown/Respondent

LEGISLATION CITED : Crimes Act 1900 Criminal Appeal Act 1912 R v Thomson v Houlton [2000] NSWCCA 309; 49 NSWLR 383 CASES CITED: R v Henry (1999) NSWCCA 111; 46 NSWLR 346 R v Murchie (19990 NSWCCA 424 DECISION : Period of time to seek leave to appeal extended - leave to appeal granted - appeal dismissed.

IN THE COURT OF CRIMINAL APPEAL

60263/00

SIMPSON J SPERLING J

13 JULY 2001 R V OSBORNE

1 SIMPSON J: The applicant seeks an extension of time and leave to appeal against the severity of sentences imposed upon him in the District Court on 24 September 1999 following his pleas of guilty to three charges of robbery in company. By section 97(1) of the Crimes Act 1900, each offence exposed the applicant to a maximum penalty of imprisonment for twenty years. The District Court Judge sentenced the applicant, on the first charge, to a total term of four and a half years imprisonment made up of a minimum term of three years and an additional term of one year and six months. On each of the other charges he sentenced the applicant to a fixed term of imprisonment for two years. He specified that all sentences were to be served concurrently.