R v MONY [2003] NSWCCA 245

New South Wales Court of Criminal Appeal

CITATION : R v MONY [2003] NSWCCA 245 HEARING DATE(S) : 01/09/2003 JUDGMENT DATE : 1 September 2003

JUDGMENT OF : Dunford J at 1; Greg James J at 12 DECISION : Appeal dismissed.

CATCHWORDS : Criminal Law - sentencing - co-offenders - parity - applicant 3 months younger than co-offender and with 3 less matters on Form 1 - identical sentences - no disparity. LEGISLATION CITED : Childrens (Criminal Proceedings) Act 1987 s 19 CASES CITED : Lowe v The Queen (1984) 154 CLR 606 Postiglione v The Queen (1997) 189 CLR 295 PARTIES : Regina (Respondent) Roth Mony (Appellant) FILE NUMBER(S) : CCA 60178/03 COUNSEL : P Miller - Respondent J Stratton - Appellant SOLICITORS : SE O'Connor - Respondent D J Humphreys - Appellant

LOWER COURT District Court JURISDICTION : LOWER COURT 02/21/3310 FILE NUMBER(S) : LOWER COURT Goldring DCJ JUDICIAL OFFICER :

- 5 - IN THE COURT OF CRIMINAL APPEAL 060178/03

DUNFORD J GREG JAMES J

MONDAY 1 SEPTEMBER 2003 R v ROTH MONY Judgment 1 DUNFORD J: On 9 October 2002 the applicant and his co-offender Thy Theth each pleaded guilty to 10 counts of robbery whilst armed on indictment before his Honour Judge Goldring in the District Court. Each offender asked the Judge to take into account a number of matters on a Form 1. The applicant asked the sentencing Judge to take into account 6 matters in that manner and the co-offender asked the sentencing Judge to take into account 9 matters in that matter. Each of the matters taken into account on the Form 1 was a count of robbery whilst armed.