R v Thompson [2001] NSWCCA 278

New South Wales Court of Criminal Appeal

CITATION : R v Thompson [2001] NSWCCA 278 FILE NUMBER(S) : CCA 60337/00 HEARING DATE(S) : 6 April 2001 JUDGMENT DATE : 19 July 2001

PARTIES : Regina David George Thompson JUDGMENT OF : O'Keefe J at 1; Smart AJ at 2

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/31/0140 LOWER COURT JUDICIAL Luland DCJ OFFICER :

COUNSEL : H. Dhanji (Appellant) G E Smith (Respondent) SOLICITORS : D. J Humphreys (Appellant) S. E. O'Connor (Respondent) CATCHWORDS : Sentencing - Application of principle of totality - Offender aged 23 - not previously adequately treated and problem of being institutionalised. CASES CITED: R v Henry and Barber (1999) 46 NSWLR 346 R v Itamua [2000] NSWCCA 502 DECISION : 1. Leave to appeal granted;; 2. Dismiss the appeal against the sentences of fixed terms of imprisonment of 2 years commencing on 8 February 2000 and expiring on 7 February 2002 in respect of each of the offences of break, enter and steal, the subject of counts 1 and 2.; 3. Allow the appeal against the sentence of 10 years imprisonment for armed robbery taking into account the offences on form 1 with a non-parole period of seven years. Sentence quashed.; 4. In lieu thereof the applicant is sentenced to imprisonment for eight years commencing on 8 February 2002, with a non-parole period of 5 years starting that day and ending on 7 February 2007.; 5. Direct that a copy of this judgment and the report of Ms J. Devlin of 5 April 2001 be sent to Corrective Services to enable that Department to attend to the treatment of the applicant.

IN THE COURT OF CRIMINAL APPEAL