R v Bates [2001] NSWCCA 374

New South Wales Court of Criminal Appeal

CITATION : R v Bates [2001] NSWCCA 374 FILE NUMBER(S) : CCA 60613/00 HEARING DATE(S) : 6/8/2001 JUDGMENT DATE : 6 August 2001

PARTIES : Regina (NSW) Jason Benjamin Bates JUDGMENT OF : Dowd J at 1; Smart AJ at 18

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/11/0678 LOWER COURT JUDICIAL Nield DCJ OFFICER :

COUNSEL : Mr PM Winch- Applicant Ms EA Wilkins- Crown SOLICITORS : DJ Humphreys- Applicant SE O'Connor- Crown CATCHWORDS : Appeal against severity of sentence - Attempted armed robbery - Robbery with a dangerous weapon - Parity - Aggravating factors - Justifiable sense of grievance LEGISLATION CITED : Crimes Act 1900 CASES CITED: Lowe v The Queen (1984) 154 CLR 606. DECISION : 1. Application for leave granted; 2. The appeal in respect of count 1 be dismissed and that sentence confirmed, that is, a fixed period of imprisonment of two-and-a-half years, commencing from 10 September 1999 and expiring on 9 March 2002; and 3. In respect of count 2, the appeal is allowed and the sentenced quashed, and in lieu thereof, a sentence of six-and-a-half years is imposed, commencing on 10 March 2001 and expiring on 9 September 2007, with non-parole period of four-and-a-half years, commencing on 10 March 2001 and expiring on 9 September 2005.

IN THE COURT OF CRIMINAL APPEAL

60613/00

DOWD J SMART AJ

6 August 2001

Jason Benjamin BATES v Regina (NSW) Judgment

1 DOWD J: The applicant, Jason Benjamin Bates, seeks leave to appeal against the severity of sentences imposed by His Honour Nield DCJ in the District Court in respect of two offences contrary to s97(2) of the Crimes Act 1900 ('the Act').