Regina v Tarpey [2001] NSWCCA 300

New South Wales Court of Criminal Appeal

CITATION : Regina v Tarpey [2001] NSWCCA 300 FILE NUMBER(S) : CCA 60841/00 HEARING DATE(S) : 6 August 2001 JUDGMENT DATE : 6 August 2001

PARTIES : Regina v Joshua William Tarpey JUDGMENT OF : Dowd J at 34; Smart AJ at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/21/1163; 00/21/1121 LOWER COURT JUDICIAL O'Reilly DCJ OFFICER :

COUNSEL : (A) P M Winch (C) E A Wilkins SOLICITORS : (A) D J Humphreys (C) S E O'Connor CATCHWORDS : Sentencing - multiple offences - application of Pearce v The Queen - young offender - sentence on one count manifestly excessive DECISION : Leave to appeal granted - Appeal against fixed term sentence of three years for each of the break enter and steal counts numbered 1 to 5 dismissed - Appeal against sentence of eight years on break enter and steal count of 31 March 2000 (count 6) allowed - Sentence quashed - in lieu thereof the applicant is sentenced to imprisonment for six years commencing on 31 March 2000 with a non-parole period of three years nine months commencing that day and expiring on 29 December 2003 - This sentence to be served concurrently with the other sentences.

IN THE COURT OF CRIMINAL APPEAL

60841/00 DOWD J SMART AJ

Monday 6 August 2001 REGINA v JOSHUA WILLIAM TARPEY JUDGMENT

1 SMART AJ: Joshua William Tarpey seeks leave to appeal against the severity of the sentences imposed upon him in respect of six counts of break enter and steal. On each of counts one to five he was sentenced to concurrent fixed terms of three years imprisonment.

2 As to count six he was sentenced to eight years imprisonment with a non-parole period of five years to be served concurrently with the other sentences.