R v Denney [2001] NSWCCA 281

New South Wales Court of Criminal Appeal

CITATION : R v Denney [2001] NSWCCA 281 FILE NUMBER(S) : CCA 60701/00 HEARING DATE(S) : 6 July 2001 JUDGMENT DATE : 24 July 2001

PARTIES : Regina v William George Denny JUDGMENT OF : Studdert J at 1; McClellan J at 44

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/31/0301 LOWER COURT JUDICIAL McGuire DCJ OFFICER :

COUNSEL : D.M. Woodburne (Crown) C.B. Craigie (Applicant) SOLICITORS : S.E. O'Connor (Crown) G. Sten & Co. (Applicant)

Pearce v The Queen (1998) 194 CLR 610 R v Thomson (2000) 49 NSWLR 383 CASES CITED: R v Carter [2001] NSWCCA 245 R v Parkinson [2001] NSWCCA 244 Veen v The Queen (No. 2) (1987-88) 164 CLR 465 DECISION : Leave to appeal granted; appeal dismissed.

IN THE COURT OF CRIMINAL APPEAL

60701/00 STUDDERT J McCLELLAN J

Tuesday 24 July 2001

REGINA v WILLIAM GEORGE DENNEY

JUDGMENT

1 STUDDERT J: William George Denney seeks leave to appeal against sentences imposed upon him by his Honour Judge McGuire in the District Court at Gosford on 26 October 2000. On that date the applicant maintained pleas of guilty first entered in the Local Court in respect of a number of offences:

(i) an offence of break enter and steal committed between 3 and 5 March 2000;

(ii) an offence of receiving committed on 16 March 2000;

(iii) an offence of break enter and steal committed on 2 April 2000. 2 When sentencing the applicant for the first of the above offences, his Honour was asked to take into account three scheduled matters:

(a) larceny committed on 1 March 2000;