Regina v Jarman [2001] NSWCCA 178

New South Wales Court of Criminal Appeal

CITATION : Regina v Jarman [2001] NSWCCA 178 revised - 22/05/2001 FILE NUMBER(S) : CCA 60039/00 HEARING DATE(S) : 07/05/01 JUDGMENT DATE : 11 May 2001

PARTIES : Regina Scott Jarman JUDGMENT OF : Carruthers AJ at 1; Badgery-Parker AJ at 2

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/31/0305 LOWER COURT JUDICIAL Judge Job OFFICER :

COUNSEL : W Robinson QC (Crown) R Burgess (Applicant) SOLICITORS : S E O'Connor (Crown) D J Humpreys (Applicant) CATCHWORDS : sentencing - whether manifestly excessive - consideration of guideline (R v Henry (1999) 46 NSWLR 346) - judicial discretion in sentencing - relevance of psychiatric condition to sentencing process. LEGISLATION CITED : Mental Health Act 1990 R v Henry (1999) 46 NSWLR 346 CASES CITED: R v Engert (1995) 84 A Crim R 67 R v Letteri (NSWCCA) (Unreported,18 March 1992) R v Tsiaras (1996) VR 398 DECISION : 1. Leave to appeal granted.; 2. Appeal against sentence allowed.; 3. District Court sentence quashed.

IN THE COURT OF

CRIMINAL APPEAL

CARRUTHERS AJ BADGERY- PARKER AJ

DATE 11 MAY 2001

Regina v Scott Jarman (60039/00) JUDGMENT

1 CARRUTHERS AJ: I agree with Acting Justice Badgery-Parker and his Honour's reasons for judgment. 2 BADGERY-PARKER AJ: This is an application by Scott Allen Jarman for leave to appeal against a sentence imposed by his Honour Judge Job in the District Court at Gosford on 20 October 1999. In respect of the applicant's conviction, after an early plea of guilty, to a charge of robbery, and taking into account an offence of break, enter and steal in respect of which he admitted his guilt, the judge imposed a sentence of six years imprisonment comprising a minimum term of three and half years and an additional term of two and a half years. The sentence dated from 7 July 1999, since which date the applicant has been in continuous custody.