Regina v Harb [2001] NSWCCA 249

New South Wales Court of Criminal Appeal

CITATION : Regina v Harb [2001] NSWCCA 249 FILE NUMBER(S) : CCA 60038/01 HEARING DATE(S) : 20 June 2001 JUDGMENT DATE : 20 June 2001

PARTIES : Regina v Peter Harb JUDGMENT OF : Howie J at 1 &46; Smart AJ at 2 ; Mathews AJ at 50

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/11/0208 LOWER COURT JUDICIAL Luland DCJ OFFICER :

COUNSEL : (A) P J Hamill (C) M C Marien SOLICITORS : (A) King Lawyers (C) S E O'Connor CATCHWORDS : Sentences - mental condition - effect on sentences - correct approach - sentences not excessive for robbery in company Wright (1997) 93 A Crim R 48 at 50-51 R v Engert (1998) 84 A Crim R 67 CASES CITED: R v Mooney (unreported, CCA Victoria 21 June 1978 R v Anderson (1980) 2 A Crim R 379 at 383-4 R v Fahda (1999) NSWCCA 267 DECISION : Application for leave to appeal granted. Appeal dismissed

IN THE COURT OF CRIMINAL APPEAL

60038/01 HOWIE J SMART AJ MATHEWS AJ Wednesday, 20 June 2001

REGINA v PETER HARB JUDGMENT 1 HOWIE J: I will ask Smart AJ to give the first judgment.

2 SMART AJ: Peter Harb seeks an extension of time and leave to appeal against the severity of two concurrent sentences, each of four years imprisonment, with a non-parole period of two years in respect of two offences of robbery in company imposed by the District Court. There is no objection to the extension of time and an order should be made extending the time within which leave to appeal may be sought.

3 The applicant pleaded not guilty to the charges and his trial took place from 10-13 April 2000, when the jury returned a verdict of guilty on each count. The judge found the following facts. On 10 March 1998 at about 7.30 pm the applicant, David Taukitoku and a third unidentified offender entered the home of three young people. The offenders were unknown to the three young people. The unidentified offender grabbed the victim Michael and pushed him into the loungeroom, where he was hit twice on the back of the head by Taukitoku. The unidentified offender struck Michael across the knee with a baton. I will not use the surnames of the young people.