R v Buhagiar [2001] NSWCCA 376

New South Wales Court of Criminal Appeal

CITATION : R v Buhagiar [2001] NSWCCA 376 FILE NUMBER(S) : CCA 60373/00 HEARING DATE(S) : 8/8/2001 JUDGMENT DATE : 8 August 2001

PARTIES : Regina Scott James Buhagiar JUDGMENT OF : Dowd J at 1; Smart AJ at 20

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/11/0342 LOWER COURT JUDICIAL Williams DCJ OFFICER :

COUNSEL : Mr RJ Button- Applicant Ms DML Woodburne- Crown SOLICITORS : Mr DJ Humphreys- Applicant Mr SE O'Connor- Crown CATCHWORDS : Appeal against severity of sentence - Break, enter and steal - Guily plea at earliest opportunity - Application of Ellis principle LEGISLATION CITED : Crimes Act 1900 Criminal Appeal Act 1912 CASES CITED: R v Ellis (1986) 6 NSWLR 603. R v Winchester (1992) 58 A Crim R 345. DECISION : 1. Appeal dismissed; and 2. Appeal to leave granted.

IN THE COURT OF CRIMINAL APPEAL

60373/00

DOWD J SMART AJ

8 August 2001

Regina v Scott James BUHAGIAR

JUDGMENT

1 DOWD J: The applicant, Scott Buhagiar, applied for leave to appeal against the severity of a sentence imposed by His Honour, Williams DCJ in the Sydney District Court on 31 May 2000, in respect of the conviction contrary to s112(2) of the Crimes Act 1900 ('the Act'), recorded as a plea of guilty to a charge of break, enter and steal, which offence carries a maximum penalty of twenty years imprisonment.

2 The applicant was, at the time, in custody on other matters. He was imprisoned for a period of four years, commencing on 25 December 1999 expiring on 24 December 2003, with a non-parole period of three years to expire on 24 December 2002.