R v Blackman and Walters [2001] NSWCCA 121

New South Wales Court of Criminal Appeal

CITATION : R v Blackman and Walters [2001] NSWCCA 121 FILE NUMBER(S) : CCA 60760/00; 60761/00 HEARING DATE(S) : 2 April 2001 JUDGMENT DATE : 8 May 2001

Regina PARTIES : Jesse Blackman and Clinton John Walters JUDGMENT OF : Stein JA at 1; Wood CJ at CL at 2; Studdert J at 59

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/31/0319; 00/31/0252 LOWER COURT JUDICIAL Kirkham DCJ OFFICER :

R D Cogswell SC with Ms Baker (Crown) COUNSEL : S.J. Odgers SC P.J. Hamill S E O'Connor SOLICITORS : Kremmler Townsend Egan Murphy CATCHWORDS : CRIMINAL LAW - appeals - break, enter and steal - armed robbery with a dangerous weapon - appeal against leniency of sentence - subjective circumstances - most exceptional circumstances - rehabilitation - two step process of sentencing - whether suspended sentence appropriate Children's (Criminal Proceedings) Act 1987 s 6 LEGISLATION CITED : Crimes Act 1900 s 97(2) Crimes (Sentencing Procedure) Act 1999 ss 5(1), 12(1), DECISION : Appeal Dismissed

- 1 -IN THE COURT OF CRIMINAL APPEAL

No. 60760/2000 and 60761 of 2000

STEIN JA WOOD CJ at CL STUDDERT J

TUESDAY 8 MAY 2001

Regina v Jesse Graeme BLACKMAN and Clinton John WALTERS

The respondent, Blackman, pleaded guilty to one count of accessory before the fact of break, enter and steal; one count of accessory after the fact of break, enter and steal, and one count of armed robbery with a dangerous weapon. He was ordered to enter a good behaviour bond for a period of four years for counts 1 and 2. He was sentenced to two years imprisonment (suspended) for the armed robbery offence.