Regina v Budd [2002] NSWCCA 302

New South Wales Court of Criminal Appeal

CITATION : Regina v Budd [2002] NSWCCA 302 FILE NUMBER(S) : CCA 60393/01 HEARING DATE(S) : 20 March 2002 JUDGMENT DATE : 14 August 2002

PARTIES : Regina v Stuart James Budd JUDGMENT OF : Dunford J at 1; Carruthers AJ at 2

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/11/0012 LOWER COURT JUDICIAL His Honour Judge Kinchington QC OFFICER :

COUNSEL : Applicant - C.B. Craigie SC Crown - P. Ingram SOLICITORS : Applicant - D.J. Humphreys Crown - S.E. O'Connor CATCHWORDS : Sentencing - appeal against alleged excessive sentences - one count of armed robbery with wounding - thirteen counts of robbery whilst armed with an offensive weapon - one count of assault with intent to rob - sundry offences on two Forms 1 - consideration of whether sentences imposed exceeded the sentencing discretion available LEGISLATION CITED : Crimes Act 1900, s97(1) s98 Pearce v The Queen (1998) 194 CLR 610 R v Bavadra (2000) 115 A Crim R 252 R v Henry [1998-1999] 46 NSWLR 346 CASES CITED: R v Itamua [2000] NSWCCA 502 R v Karaman [2002] NSWCCA 48 R v Kay [2002] NSWCCA 286 R v Merritt [2000] NSWCCA 365 DECISION : Application for leave to appeal granted. Appeal allowed. Head sentence on count 13 reduced to ten years imprisonment to date from 19 April 2003 and expire on 18 April 2013. Non-parole period on count 13 reduced to five years and six months to date from 19 April 2003 and expire on 18 October 2008. All other sentences confirmed.