Regina v Hunter [2001] NSWCCA 530

New South Wales Court of Criminal Appeal

CITATION : Regina v Hunter [2001] NSWCCA 530 FILE NUMBER(S) : CCA 60134/01 HEARING DATE(S) : 10/12/01 JUDGMENT DATE : 10 December 2001

PARTIES : Regina v Angus Ian HUNTER JUDGMENT OF : Greg James J at 27; Whealy J at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/11/0011 LOWER COURT JUDICIAL Solomon DCJ OFFICER :

COUNSEL : L.M.B. Lamprati - Crown A.P. Cook - Applicant SOLICITORS : S.E. O'Connor - DDP D.J. Humphreys - Legal Aid Commission

LEGISLATION CITED : Crimes Act 1900 Crimes (Sentencng Procedure) Act 1999 Veen (No 2) (2988) 164 CLR 465 CASES CITED: Thompson & Houlton (2000) 49 NSWLR 383 R v Carter (2001) NSWCCA 245 R v Lo (2001) NSWCCA 271 DECISION : Leave to appeal granted but the appeal dismissed

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF CRIMINAL APPEAL

60134/01 GREG JAMES J WHEALY J

MONDAY 10 December 2001 REGINA v Angus Ian HUNTER

Judgment

1 WHEALY J: The applicant in this matter is a forty five year old man who suffers from schizophrenia. He is seeking leave to appeal from a sentence imposed by Solomon DCJ on 2 March 2001 at the Sydney District Court. The applicant pleaded guilty to an offence of robbery whilst armed with an offensive weapon. This offence carried a maximum penalty of twenty years imprisonment (s 97(1) of the Crimes Act). A common assault charge committed at the same time as the robbery was taken into account on a form 1. His Honour sentenced the applicant to a total term of seven years imprisonment with a non parole period of three and a half years. The non parole period is to expire on 6 April 2004. 2 The facts were that at about 12.15pm on Saturday, 7 October 2000, Ms Lorie Bell and her two children, who were aged respectively eleven and nine, were in the vicinity of an ATM in Spring St, Bondi Junction. Ms Bell commenced to withdraw money from the ATM. The applicant approached the family and placed his right arm around the neck of the younger child, Lysia Bell aged nine, and held a knife to her throat. At this stage, according to the statement of Lorie Bell dated 7 October 2000, the applicant said: "It wouldn't be a pretty sight if I cut your daughter's throat".