Regina v Elliott [2001] NSWCCA 131

New South Wales Court of Criminal Appeal

CITATION : Regina v Elliott [2001] NSWCCA 131 FILE NUMBER(S) : CCA 60327/00 HEARING DATE(S) : 4 April 2001 JUDGMENT DATE : 4 April 2001

PARTIES : Regina v Shane William Elliott JUDGMENT OF : O'Keefe J at 21; Smart AJ at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 21/3011 21/3037 LOWER COURT JUDICIAL Ford ADCJ OFFICER :

COUNSEL : (A) C B Craigie (R) P Hock SOLICITORS : (A) D J Humphreys (R) S E O'Connor CATCHWORDS : Sentencing, overall sentence fixed without fixing the appropriate sentence for each offence LEGISLATION CITED : Nil CASES CITED: Pearce v The Queen (1998) 194 CLR 610 Polden and Mitchell, unreported NSWCCA 13 November 1998 DECISION : Extend time in which application for leave to appeal may be made; Leave to appeal granted; Appeals on the break enter and steal counts allowed. Sentences quashed; In lieu of sentences imposed on the break enter and steal counts ; (1) Count 1 - Fixed term of 2 years 6 months from 6 July 1999 and ending 5 January 2002 (2) Counts 2-8 (except last count) 3 years from 6 July 1999 with non-parole period of 2 years from 6 July 1999 ending 5 July 2001 (3) Count 9 - 4 years cumulative on sentence in count 1 from 6 January 2002 with non-parole period of 1 year 6 months from that day ending on 5 July 2003 - Appeal against sentence for taking and driving conveyance without consent dismissed it being noted that it is being served concurrently with the sentence on count 1;

IN THE COURT OF CRIMINAL APPEAL

060327/00 O'KEEFE J SMART AJ

Wednesday 4 April 2001

REGINA v SHANE WILLIAM ELLIOTT JUDGMENT