Regina v Oades [2003] NSWCCA 155

New South Wales Court of Criminal Appeal

CITATION : Regina v Oades [2003] NSWCCA 155 HEARING DATE(S) : 30 May 2003 JUDGMENT DATE : 30 May 2003

JUDGMENT OF : James J at 36; Smart AJ at 1 DECISION : (1) Leave to appeal granted. (2) Dismiss the appeal so far as the sentences imposed on counts 1 and 2 are concerned. (3) As to the sentence on count 3, appeal allowed, sentence quashed. In lieu of the sentence imposed the applicant is sentenced to imprisonment for four years commencing on 12 March 2003 and expiring on 11 March 2007 with a non-parole period of two years expiring on 11 March 2005 on which date the applicant will be eligible for release on supervised parole.

CATCHWORDS : Young offender - sentences not reflecting adequate discount for his disclosures of offences - powerful subjective features - application of principle of totality. LEGISLATION CITED : Crimes Act ss 99, 113(2), 112(3) Ellis [1986] 6 NSWLR 603 CASES CITED : Gorrell [2002] NSWCCA 307 Ponfield & Ors [1999] 48 NSWLR 327 Ryan v The Queen [2001] HCA 21 [97] PARTIES : Regina v Rick Kevin Oades FILE NUMBER(S) : CCA 60099/03 (A) A Francis COUNSEL : (C) D M L Woodburne

SOLICITORS : (A) D J Humphreys (C) S E O'Connor

LOWER COURT District Court JURISDICTION : LOWER COURT 02/31/1024 FILE NUMBER(S) : LOWER COURT English DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL

60099/03 JAMES J SMART AJ

Friday, 30 May 2003

Regina v Rick Kevin OADES

Judgment

1. SMART AJ : Rick Kevin Oades seeks leave to appeal against the asserted severity of the following sentences. 1. 6/3/02 Demand property with intent to steal Imprisonment for fixed term of 2 years from 12/3/02 (s.99 Crimes Act ) 2. 6/3/02 Break & enter dwelling house with intent to commit serious indictable offence (larceny) in circumstances of aggravation (knowing person to be therein) (Imprisonment for 3 years from 12/3/02) (s.113(2) Crimes Act)