Regina v Englebert Adami [2001] NSWCCA 247

New South Wales Court of Criminal Appeal

CITATION : Regina v Englebert Adami [2001] NSWCCA 247 FILE NUMBER(S) : CCA 60264/00 HEARING DATE(S) : 22 June 2001 JUDGMENT DATE : 22 June 2001

PARTIES : Regina v Englebert Adami JUDGMENT OF : Simpson J at 1 & 31; Smart AJ at 2

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/41/0051 LOWER COURT JUDICIAL Phelan DCJ OFFICER :

COUNSEL : (A) In Person (C) D M L Woodburne SOLICITORS : (A) In Person (C) S E O'Connor CATCHWORDS : Sentencing - parity - partial concurrency of sentences on disparate offences deprives applicant of a justifiable sense of grievance LEGISLATION CITED : Crimes Act 1900 CASES CITED: Regina v Houvardis (2000) NSWCCA 203 DECISION : Appeal dismissed

IN THE COURT OF CRIMINAL APPEAL

60264/00

SIMPSON J SMART AJ

Friday, 22 June 2001

REGINA v ENGLEBERT ADAMI

JUDGMENT

1 SIMPSON J : : Smart AJ will deliver the first judgment.

2 SMART AJ : Englebert Adami seeks leave to appeal from the District Court against the severity of a sentence of imprisonment of two years eight months with a non-parole period of two years for the offence of accessory after the fact to break, enter and steal, taking into account the offence of being a passenger in a conveyance taken without the consent of the owner.

3 While the maximum penalty for the offence of break, enter and steal is imprisonment for fourteen years, that for being an accessory after the fact is one of five years (see ss 112 and 350 of the Crimes Act 1900 ). The property stolen in the present case had a value of about $60,000.

4 Early on the morning of 11 October 1999 there was a break-in into a large industrial factory at Moss Vale. Substantial quantities of goods and equipment were removed and placed in a white utility and a car. The utility was driven to Mr Proudley's home at Oak Flats. Mr David Proudley and the applicant were in the utility at one stage.