R v Bell [2003] NSWCCA 132

New South Wales Court of Criminal Appeal

CITATION : R v Bell [2003] NSWCCA 132 HEARING DATE(S) : 2 May 2003 JUDGMENT DATE : 2 May 2003

JUDGMENT OF : Levine J at 31; Simpson J at 1 DECISION : (i) leave to appeal granted; (ii) appeal allowed; (iii) sentence imposed quashed; (iv) applicant sentenced to imprisonment for a term of four years and ten months with a non-parole period of three years

CATCHWORDS : application for leave to appeal - severity of sentence - plea of guilty - parity of sentence imposed on co-offender LEGISLATION CITED : Crimes Act 1900 CASES CITED : R v Henry & Ors [1999] NSWCCA 111; (1999) 46 NSWLR 346 R v Thomson and Houton [2000] NSWCCA 309; (2000) 49 NSWLR 383 PARTIES : Crown - Respondent Cecilia Ann Bell - Applicant FILE NUMBER(S) : CCA 60040/03 COUNSEL : DM Howard - Crown L Flannery - Applicant SOLICITORS : SE O'Connor - Crown DJ Humphreys - Applicant

LOWER COURT District Court JURISDICTION : LOWER COURT 02/21/3213 FILE NUMBER(S) : LOWER COURT Sorby DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60040/03

LEVINE J SIMPSON J

Friday 2 May 2003 REGINA v Cecilia Ann BELL Judgment 1 SIMPSON J: This is an application for leave to appeal against the severity of a sentence imposed upon the applicant by Sorby DCJ in the District Court on 23 August 2002 following her plea of guilty to a charge of robbery in company. Pursuant to s97(1) of the Crimes Act 1900, the offence exposed the applicant to a maximum penalty of imprisonment for twenty years. Sorby DCJ sentenced her to imprisonment for six and a half years with a non-parole period of four years. In doing so his Honour found that special circumstances within the meaning of s44 of the Crimes (sentencing Procedure) Act 1999 existed justifying a departure from the ratio otherwise specified within that section.