Regina v Atkinson [2001] NSWCCA 135

New South Wales Court of Criminal Appeal

CITATION : Regina v Atkinson [2001] NSWCCA 135 FILE NUMBER(S) : CCA 60555/99 HEARING DATE(S) : 28 March 2001 JUDGMENT DATE : 28 March 2001

PARTIES : Regina v Steven Miimetua Atkinson JUDGMENT OF : Greg James J at 34; Smart AJ at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/21/2122 LOWER COURT JUDICIAL Goldring DCJ OFFICER :

COUNSEL : (A) J S Andrews (R) C K Maxwell QC SOLICITORS : (A) D J Humphreys (R) S E O'Connor CATCHWORDS : Sentencing - parity - special circumstances - intellectual and living disabilities - prospects of rehabilitation - allowance for plea of guilty LEGISLATION CITED : Nil CASES CITED: Nil DECISION : Leave to appeal granted - Appeal allowed - sentence quashed. In lieu of the sentence imposed the applicant is sentenced to imprisonment for a period of five years three months commencing on 20 April 1999 with a non-parole period of two years commencing on that day and ending on 19 April 2001.

IN THE COURT OF CRIMINAL APPEAL

60555/99 G JAMES J SMART AJ Wednesday 28 March 2001 REGINA v STEVEN MIIMETUA ATKINSON JUDGMENT

1 SMART AJ : Steven Miimetua Atkinson seeks leave to appeal against the severity of a sentence comprising a minimum term of two years nine months and an additional term of three years. The offence was that on 20 April 1999 at Liverpool he robbed the victim of $100 while being in company with Miha Misi and William Atkinson. The judge correctly stated the charge. The original charge included the words "whilst being armed with a knife" but these words were struck out.