R v Cimone [2001] NSWCCA 98

Reported Decision : 121 A Crim R 433

New South Wales Court of Criminal Appeal

CITATION : R v Cimone [2001] NSWCCA 98 FILE NUMBER(S) : CCA 60763/00 HEARING DATE(S) : 13 March 2001 JUDGMENT DATE : 29 March 2001

PARTIES : Regina Phillip David Cimone JUDGMENT OF : Beazley JA at 1; Studdert J at 33; Sperling J at 34

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/21/3026 LOWER COURT JUDICIAL Moore DCJ OFFICER :

COUNSEL : Crown: P Hock Respondent: T Molomby/B Vasic SOLICITORS : Crown: S E O'Connor Respondent: Stoikovich Banfield Macri CATCHWORDS : Robbery in company - Larceny - Receive stolen property - Adequacy of sentence - Parity of sentence - Rehabilitation - Assistance to police LEGISLATION CITED : Crimes Act 1900 (NSW) ss 97(1), 117, 188 R v Henry (1999) 46 NSWLR 346 CASES CITED: Lowe v R (1984) 154 CLR 606 R v Diamond (unreported, New South Wales Court of Criminal Appeal, 18 February 1993) R v Steele (unreported, New South Wales Court of Criminal Appeal, 17 April 1997) DECISION : Appeal dismissed

IN THE COURT OF

CRIMINAL APPEAL

CCA 60763/00

BEAZLEY JA STUDDERT J SPERLING J

Thursday, 29 March 2001

REGINA v Phillip David CIMONE

FACTS

The respondent pleaded guilty to charges of robbery in company, larceny and receive stolen property. The maximum penalty for these offences was 20 years imprisonment for robbery in company, 5 years imprisonment for larceny and 10 years imprisonment for receive stolen property. He was sentenced to 3 years imprisonment with a non-parole period of 2 years on the charge of robbery in company; 2 years imprisonment on the charge of larceny; and 6 months imprisonment on the charge of receive stolen property. All sentences were to be served concurrently and by way of periodic detention.