REGINA v. LOLESI [2002] NSWCCA 189

New South Wales Court of Criminal Appeal

CITATION : REGINA v. LOLESI [2002] NSWCCA 189 FILE NUMBER(S) : CCA No. 60684 of 2001 HEARING DATE(S) : Tuesday 21 May 2002 JUDGMENT DATE : 21 May 2002

PARTIES : REGINA v. LOLESI, Shontel JUDGMENT OF : Greg James J at 1; Smart AJ at 33

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/21/3144 LOWER COURT JUDICIAL Coleman, DCJ. OFFICER :

COUNSEL : Crown: G.I.O. Rowling App: P.M. Winch SOLICITORS : Crown: S.E. O'Connor App: D.J. Humphreys CATCHWORDS : Criminal law - sentence - appeal - disparity - different regimes - applicant adult - co-offender child - open to court to intervene - circumstances favouring applicant - appeal should be upheld and new sentences passed requiring a parole release order, but parole to be supervised. Crimes Act 1900 LEGISLATION CITED : Children (Criminal Proceedings) Act 1987 Crime (Sentencing Procedure) Regulation 2000 Diamond (CCA, unreported 18 February 1993) Steele (CCA, unreported 17 April 1997) CASES CITED: GDP (1991) 54 A. Crim. R. 112 Govinden (1999) 106 A. Crim R. 316 Boney [2001] NSWCCA 432 Coglan [1999] NSWCCA 292 DECISION : Appeal allowed; sentence below quashed; in lieu thereof, on counts one and three, there should be imposed a fixed term of 18 months to commence 3 April 2001 and to expire 2 October 2002. On count four, there should be imposed a sentence of two years and nine months imprisonment commencing 3 April 2002 and expiring 2 January 2004. That sentence will be wholly concurrent with the sentences imposed on counts one and three. On that sentence there should be a non-parole order in respect of a non-parole period of 18 months expiring on 2 October 2002. The sentences of nine months for a fixed term should remain on the remaining counts.