R v Griffiths [2001] NSWCCA 130

New South Wales Court of Criminal Appeal

CITATION : R v Griffiths [2001] NSWCCA 130 FILE NUMBER(S) : CCA 60847/1999 HEARING DATE(S) : 11 April 2001 JUDGMENT DATE : 11 April 2001

PARTIES : Regina Kevin Phillip Griffiths JUDGMENT OF : Wood CJ at CL at 1; Smart AJ at 18

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/31/0142 LOWER COURT JUDICIAL Job DCJ OFFICER :

COUNSEL : M. Grogan (C) Self SOLICITORS : S E O'connor CATCHWORDS : CRIMINAL LAW - appeals - appeal against sentence - armed robbery in company - severity of sentence - delay in sentence - subjective circumstances - applicant at the crossroads - rehabilitation since sentence CASES CITED: Crimes Act 1900 s 97 DECISION : Leave to appeal granted; Appeal dismissed

IN THE COURT OF CRIMINAL APPEAL

No. 60847of 1999 WOOD CJ at CL SMART AJ

WEDNESDAY 11 APRIL 2001

Regina v Kevin Phillip GRIFFITHS

The applicant was convicted for the offence of armed robbery in company. He was sentenced to six years imprisonment with a non-parole period of four years.

The applicant seeks leave to appeal against the severity of the sentence on the grounds that (1) the sentencing Judge did not take into account the fact that the applicant was on bail for two years before being sentenced; (2) the applicant was addicted to heroin at the time of the offence; (3) neither psychological or pre-sentence reports were prepared; (4) the offence was out of character; (5) the complainant tainted her evidence; (6) the applicant was at the crossroads; (7) the applicant had rehabilitated since sentence.

HELD: (Leave to appeal granted. Appeal dismissed):

Ground 1: applicant was on bail for two years before being sentenced The applicant did not point to any prejudice occasioned by the delay, or to any oppressiveness attributable to that fact or to the need to comply with strict bail conditions, that would justify mitigation of sentence.