Regina v Geiger [2001] NSWCCA 140

New South Wales Court of Criminal Appeal

CITATION : Regina v Geiger [2001] NSWCCA 140 FILE NUMBER(S) : CCA 60645/00 HEARING DATE(S) : 11 April 2001 JUDGMENT DATE : 11 April 2001

PARTIES : Regina v Hank Stephen Geiger JUDGMENT OF : Wood CJ at CL at 1, 28; Smart AJ at 2

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/41/0043; 99/41/0264 LOWER COURT JUDICIAL Phelan DCJ OFFICER :

COUNSEL : (A) M Thangaraj (R) M Grogan SOLICITORS : (A) D J Humphreys (R) S E O'Connor CATCHWORDS : Sentencing - parity - different factors applicable to each offender - lesser sentence not permissible LEGISLATION CITED : Nil CASES CITED: Regina v Doan 2000 NSW CCA 317 Regina v Capper 1993 69 A Crim R 64 at 75 DECISION : Leave to appeal granted - appeal dismissed

IN THE COURT OF CRIMINAL APPEAL

60645/00 WOOD CJ AT CL SMART AJ Wednesday 11 April 2001 REGINA v HANK STEPHEN GEIGER JUDGMENT

1 WOOD CJ AT CL : I will ask Smart AJ to give the first judgment.

2 SMART AJ : Hank Stephen Geiger seeks leave to appeal against the severity of sentences imposed upon him in the District Court. On a charge that at Queanbeyan on 7 September 1999 he had in his possession a Commodore sedan stolen outside New South Wales and in the Australian Capital Territory, he was sentenced to a fixed term of imprisonment of 12 months. On charges of take and drive a conveyance on 10 March 1999 and break, enter and steal, on that day he was sentenced on each charge to three years imprisonment with a non-parole period of 15 months. Two offences of fail to appear were taken into account. All sentences dated from 5 April 2000. The point at issue is one of parity having regard to the sentence imposed on the applicant and Mark Douglas Cross, a co-offender.