R v Pitt [2001] NSWCCA 156

New South Wales Court of Criminal Appeal

CITATION : R v Pitt [2001] NSWCCA 156 FILE NUMBER(S) : CCA 60382/00 HEARING DATE(S) : 20 April 2001 JUDGMENT DATE : 14 May 2001

PARTIES : Regina Edward Pitt JUDGMENT OF : Wood CJ at CL at 1; Sully J at 43

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL PR Bell DCJ OFFICER :

COUNSEL : C: L.Lamprati A: C. Craigie SOLICITORS : S E O'Connor Sydney ALS CATCHWORDS : CRIMINAL LAW - appeals - appeal against sentence - malicious damage by fire - malicious damage - whether insufficient weight given to applicant's background - whether insufficient weight given to plea of guilty - whether sentence outside range - whether sentence manifestly excessive CASES CITED: Crimes Act 1900 ss 195 (a), 195 (b) Crimes (Sentencing Procedure) Act 1999 s 22 DECISION : 1) Leave to appeal granted; (2) Appeal dismissed.

- 14 - IN THE COURT OF CRIMINAL APPEAL

No. 60382 of 2000

WOOD CJ at CL SULLY J MONDAY 14th MAY 2001 Regina v Edward Arthur PITT

The applicant pleaded guilty to offences of malicious damage by fire; s 195(b) Crimes Act and malicious damage; s 195(a) Crimes Act. He was sentenced to six years imprisonment for the first offence with a non parole period of three and a half years; and to a concurrent fixed term of two years for the second offence.

The applicant seeks leave to appeal against the sentence on the grounds that (1) his Honour failed to give sufficient weight to the applicant's background; (2) his Honour failed to give sufficient weight to the plea of guilty; (3) the sentence was outside the range and manifestly excessive.