R v Hellyer [2001] NSWCCA 384

New South Wales Court of Criminal Appeal

CITATION : R v Hellyer [2001] NSWCCA 384 FILE NUMBER(S) : CCA 60694/00 HEARING DATE(S) : 10/8/2001 JUDGMENT DATE : 10 August 2001

PARTIES : Regina Dennis Hellyer JUDGMENT OF : Dowd J at 1; Smart AJ at 19

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/21/2094 LOWER COURT JUDICIAL Sides DCJ OFFICER :

COUNSEL : Applicant in Person Mr MC Grogan- Crown SOLICITORS : Mr SE O'Connor- Crown CATCHWORDS : Appeal against severity of sentence - Aggravated break and enter with intent - Entering guilty plea at earliest opportunity - Concurrent sentences LEGISLATION CITED : Crimes Act 1900 Justices Act 1902 DECISION : 1. Leave to appeal granted; and 2. Appeal dismissed.

IN THE COURT OF CRIMINAL APPEAL

60694/00

DOWD J SMART AJ

10 August 2001 Regina v Dennis HELLYER JUDGMENT

1 DOWD J: The Court is in a position to give judgment. 2 The applicant has sought leave to appeal against sentences imposed by His Honour Judge Sides DCJ, at the Campbelltown District Court on 11 October 2000. The applicant entered a plea of guilty to two charges of aggravated break and enter with intent contrary to s112(2) Crimes Act 1900 ('the Act'). The maximum penalty under that section is twenty years imprisonment.

3 On the first count which occurred on 23 March 2000, the applicant was charged with aggravated break and enter with intent and maliciously inflict actual bodily harm contrary to s112(2) of the Act. He entered a plea of guilty, and pursuant to s51A of the Justices Act 1902, Sides DCJ imposed a sentence of three years imprisonment, to commence on 28 March 2000 with a non-parole period fixed for a period of two years to conclude on 27 March 2002.