Regina v Brain [2001] NSWCCA 319

New South Wales Court of Criminal Appeal

CITATION : Regina v Brain [2001] NSWCCA 319 FILE NUMBER(S) : CCA 60929/00 HEARING DATE(S) : 17 August 2001 JUDGMENT DATE : 17 August 2001

PARTIES : Regina v Daryl William Brain JUDGMENT OF : Sully J at 28; Smart AJ at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/31/0352 LOWER COURT JUDICIAL Coolahan DCJ OFFICER :

COUNSEL : (A) A P Cook (C) G E Smith SOLICITORS : (A) Brezniak Neil-Smith & Co (C) S E O'Connor CATCHWORDS : Sentencing - robbing in company - intellectual disability - assistance - co-offender more blameworthy - assistance to authorities - parity. LEGISLATION CITED : Crimes Act, s 558 CASES CITED: R v Henry 46 NSWLR 346 R v Thomson & Houlton 49 NSWLR 383 DECISION : Leave to appeal granted - Appeal against sentence allowed - Sentence quashed - In lieu of the sentence imposed, the applicant is sentenced to imprisonment for three years commencing on 18 September 2000 with a non-parole period of 18 months commencing that day and ending on 17 March 2002 - Order that the applicant be released on parole on 18 March 2002 on conditions to be settled by the Parole Board - It should bear in mind the judge's remarks and the reports of Miss Aldrich and Dr Otter and ensure an adequate rehabilitation scheme is settled with close supervision - Attention is drawn to the letter of 6 April 2001 from the Salvation Army (Major Hindle).

IN THE COURT OF CRIMINAL APPEAL

60828/00 SULLY J SMART AJ Friday 17 August 2001 REGINA v DARYL WILLIAM BRAIN

JUDGMENT

1 SMART AJ: Daryl William Brain seeks leave to appeal against the severity of the sentence of three and a half years imprisonment commencing on 18 September 2000 with a non-parole period of one year nine months for the offence of robbery in company imposed in the District Court.