Regina v Clark [2001] NSWCCA 69

New South Wales Court of Criminal Appeal

CITATION : Regina v Clark [2001] NSWCCA 69 FILE NUMBER(S) : CCA 60492/00 HEARING DATE(S) : 6 March 2001 JUDGMENT DATE : 6 March 2001

PARTIES : Regina v Peter James Clark JUDGMENT OF : Meagher JA at 1, 24, 26; Hulme J at 25; Smart AJ at 2

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/11/3017 LOWER COURT JUDICIAL Gibson DCJ OFFICER :

COUNSEL : (A) J Crespo (R) C P O'Donnell SOLICITORS : (A) G H Healey & Co - Bondi (R) Commonwalth DPP CATCHWORDS : Sentencing - Extended course of dishonesty - Whether subsequent offences correctly taken into account LEGISLATION CITED : Crimes Act 1914 (Cth) CASES CITED: The Queen v De Simoni (1981) 147 CLR 383 at 389 DECISION : Leave to appeal against sentence refused

IN THE COURT OF CRIMINAL APPEAL

60492/00

MEAGHER JA HULME J SMART AJ

Tuesday 6 March 2001

REGINA v PETER JAMES CLARK JUDGMENT

1 MEAGHER JA: I will ask Smart AJ to give the first judgment.

2 SMART AJ : Peter James Clark appeals against the severity of a sentence of imprisonment for two offences of stealing property belonging to the Australia Postal Corporation contrary to section 71 of the Crimes Act 1914 (Commonwealth) .

3 The first offence occurred between 14 March 1997 and 19 June 1997 when the appellant stole $3312.70 from the Woollahra Post Office. The second offence occurred between 29 July 1997 and 8 April 1998, when the appellant stole $47,910 from the Coogee Post Office. The appellant was convicted by a jury after a five day trial.

4 As to the first offence, the appellant was sentenced to a fixed term of imprisonment of eight months. For the second offence the appellant was sentenced to two years' imprisonment and ordered to be released after serving eight months upon entering into a recognisance to be of good behaviour. The sentences were to be served concurrently.