Regina v JCM [2003] NSWCCA 151

New South Wales Court of Criminal Appeal

CITATION : Regina v JCM [2003] NSWCCA 151 HEARING DATE(S) : 28 May 2003 JUDGMENT DATE : 28 May 2003

JUDGMENT OF : James J at 1; Smart AJ at 2 DECISION : (1) Leave to appeal against sentence granted (2) Appeal allowed, sentence quashed (3) In lieu of the sentence imposed the applicant is sentenced to imprisonment for three years commencing on 8 April 2002 with a non-parole period of twenty months expiring on 7 December 2003 on which date the applicant is to be released on parole.

CATCHWORDS : Attempted armed robbery - parity - need to look at what each of two co-offenders did and culpability of each - incorrect assessment of facts and application of principle LEGISLATION CITED : Nil CASES CITED : Henry, 1999 46 NSWLR 346 Lowe v The Queen (1984) 154 CLR PARTIES : Regina v JCM FILE NUMBER(S) : CCA 60077/03 COUNSEL : (A) P M Strickland (C) D Frearson SOLICITORS : (A) P M Strickland (C) S E O'Connor

LOWER COURT District Court JURISDICTION : LOWER COURT 01/11/1315 FILE NUMBER(S) : LOWER COURT Latham DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL

60077/03 JAMES J SMART AJ Wednesday, 28 MAY 2003 Regina v JCM

CLOSED COURT

JUDGMENT 1. JAMES J: I call upon Smart AJ to give the first judgment.

2. SMART AJ: JCM, a juvenile, seeks leave to appeal against the asserted severity of a sentence of imprisonment of four years with a non-parole period of twenty months after being found guilty by a jury of an assault with attempt to rob whilst armed with a dangerous weapon, namely a shortened rifle. The maximum penalty for such an offence is twenty-five years. The sentence was challenged on the grounds of parity and being manifestly excessive.