R v Ross Aaron Robinson [2001] NSWCCA 180

New South Wales Court of Criminal Appeal

CITATION : R v Ross Aaron Robinson [2001] NSWCCA 180 FILE NUMBER(S) : CCA 60621/98 HEARING DATE(S) : 08/03/01 JUDGMENT DATE : 8 March 2001

Regina PARTIES : v Ross Aaron Robinson JUDGMENT OF : Meagher JA at 1; Hulme J at 19; Smart AJ at 23

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 70215/96 LOWER COURT JUDICIAL Hidden J OFFICER :

COUNSEL : A: P Byrne SC R: G E Smith SOLICITORS : A: Mark Klees & Associates R: S E O'Connor CATCHWORDS : Criminal Law - application for leave to appeal against sentence - murder - guilty plea - felony murder - intent to kill - objective criminality. Special circumstances - appeal dismissed. CASES CITED: R v Mills (unreported, NSW CCA, 03/04/95) DECISION : Appeal dismissed.

IN THE COURT OF CRIMINAL APPEAL

CCA 60621/98

MEAGHER JA HULME J SMART AJ

Thursday 8 March 2001 REGINA v ROSS AARON ROBINSON JUDGMENT

1 MEAGHER JA: This is an application by Mr Robinson for leave to appeal against the sentence imposed on him by Hidden J on 15 October 1998. His sentence was twenty years penal servitude, comprising a minimum term of fifteen years and an additional term of five years. The offence immediately involved was murder and, if I may say so, murder of a particularly nasty kind.

2 In addition to the murder, there were also, as part of the initial proceedings, no less than ten charges of armed robbery.

3 The victim of the enterprise was a gentleman called Mr Cusumano, who was the manager of The Gamesmen computer store in Forest Road, Penshurst. Mr Robinson and two accomplices had planned for some time to rob this store. They arrived there late on late shopping night a few days before Christmas.