R v Goundar [2001] NSWCCA 198

Reported Decision : 127 A Crim R 331

New South Wales Court of Criminal Appeal

CITATION : R v Goundar [2001] NSWCCA 198 FILE NUMBER(S) : CCA 60112 of 2001 HEARING DATE(S) : 14/05/01 JUDGMENT DATE : 14 May 2001

PARTIES : Regina Vikash Goundar JUDGMENT OF : Powell JA at 63; Wood CJ at CL at 1; Sully J at 62

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/21/3240 LOWER COURT JUDICIAL Sides DCJ OFFICER :

COUNSEL : Crown: E. Wilkins Applicant: G.Thomas SOLICITORS : S.E. O'Connor CATCHWORDS : CRIMINAL LAW - appeal - appeal against sentence - aid and abet armed robbery - leniency of sentence - whether sufficient weight given to objective circumstances - whether reasonable proportionality between weight given to objective gravity of crime and subjective circumstances - error of law LEGISLATION CITED : Criminal Appeal Act 1912 s 5D DECISION : (1) Appeal allowed, sentence quashed.; (3) Sentence of two and a half years imprisonment imposed with a non-parole period of 12 months.

IN THE COURT OF CRIMINAL APPEAL

No. 60112 of 2001 POWELL JA WOOD CJ at CL SULLY J MONDAY 14 MAY 2001 REGINA v VIKASH GOUNDAR

The respondent pleaded guilty to an indictment containing one count of aid and abet armed robbery. He was sentenced to 18 months imprisonment with a non-parole period of 7 months.

The Director of Public Prosecutions appeals against the leniency of the sentence imposed on the grounds that (1) his Honour failed to give sufficient weight to the objective seriousness of the offence; (2) there was a lack of reasonable proportionality between the weight given to the objective gravity of the crime and the subjective features of the respondent.