R v Russon [2001] NSWCCA 166

New South Wales Court of Criminal Appeal

CITATION : R v Russon [2001] NSWCCA 166 FILE NUMBER(S) : CCA 60153/00 HEARING DATE(S) : 7/5/01 JUDGMENT DATE : 7 May 2001

PARTIES : Regina Paul William Russon JUDGMENT OF : Carruthers AJ at 1; Badgery-Parker AJ at 25

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/31/0393 LOWER COURT JUDICIAL Coolahan DCJ OFFICER :

COUNSEL : W. Robinson QC (Crown) P. M. Strickland (Appellant) SOLICITORS : S. E. O'Connor (Crown) D. J. Humphreys (Appellant) CATCHWORDS : Sentencing - Robbery - Assault Police - Whether Judge erred in holding that the appellant's psychiatric or psychological conditions played no role in the commission of the offence. LEGISLATION CITED : Crimes Act 1900 DECISION : Leave to appeal granted. Appeal upheld. Sentences set aside. New sentence: overall term of six years to date from 12 August 1999 and to expire on 11 August 2005. Non-parole period of three years to date from 12 August 1999 to expire on 2002.

- 8 -1 CARRUTHERS AJ: Paul William Russon seeks leave to appeal against sentences imposed upon him by his Honour Judge Coolahan at the Newcastle District Court on 16 March 2000. 2 The applicant had earlier pleaded guilty to an indictment containing two counts. The first count was one of armed robbery under s 97(1) of the Crimes Act 1900 which carries a maximum penalty of twenty years. The second count was one of assault police under s 61 of the Crimes Act, which carries a maximum penalty of five years imprisonment. Both offences were committed on 12 August 1999. 3 His Honour sentenced the applicant on count 1 to a term of six years imprisonment with a minimum term of four years, to date from 12 August 1999 and to expire on 11 August 2003, with an additional term of two years to date from 12 August 2003 and to expire on 11 August 2005.