Regina v Anthony Terrance Pearce [2001] NSWCCA 349

New South Wales Court of Criminal Appeal

CITATION : Regina v Anthony Terrance Pearce [2001] NSWCCA 349 FILE NUMBER(S) : CCA 60785/99 HEARING DATE(S) : 17 August 2001 JUDGMENT DATE : 17 August 2001

PARTIES : Regina Anthony Terrance Pearce JUDGMENT OF : Sully J at 1; Smart AJ at 21

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/11/0457 LOWER COURT JUDICIAL Rummery DCJ OFFICER :

COUNSEL : G. Smith - Crown M. Ramage QC - Appellant SOLICITORS : S. E. O'Connor - Crown Ross Hill & Associates - Appellant

LEGISLATION CITED : Criminal Appeal Act DECISION : Extension of time granted; Application for leave to appeal against sentence granted; Appeal dismissed

IN THE COURT OF CRIMINAL APPEAL

60785/99

SULLY J SMART AJ

Friday 17 August 2001

REGINA v ANTHONY TERRANCE PEARCE

JUDGMENT

1 SULLY J: On 1 September 1998 Mr Anthony Terrance Pearce, who applies for leave to appeal against sentence, pleaded guilty in the Sydney District Court and before Rummery QC DCJ to a number of related offences. The most serious of them was an offence of robbery in company, contravening s 97 of the Crimes Act and attracting upon conviction a statutory maximum penalty of imprisonment for twenty years.

2 His Honour was asked to take into account, in the appropriate statutory format, four related matters: one of driving a vehicle in a manner dangerous; one of driving a stolen motor vehicle; one of driving a motor vehicle whilst unlicensed to drive it; and one of stealing a motor vehicle.

3 His Honour, taking account of all the additional matters, imposed a sentence of imprisonment of five years and three months, apportioning that sentence between a minimum term of three years and three months to commence on 26 July 1998 and an additional term of two years to commence on 26 October 2001.