Regina v Ingram [2002] NSWCCA 398

New South Wales Court of Criminal Appeal

CITATION : Regina v Ingram [2002] NSWCCA 398 FILE NUMBER(S) : CCA 60937/01 HEARING DATE(S) : 27 September 2002 JUDGMENT DATE : 27 September 2002

PARTIES : Regina v Adam Phillip Ingram JUDGMENT OF : Buddin J at 20; Smart AJ at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/31/0319 LOWER COURT JUDICIAL Coolahan DCJ OFFICER :

COUNSEL : (A) R C Jeffreys (Advocate) (C) P G Ingram SOLICITORS : (A) R C Jeffreys (C) S E O'Connor CATCHWORDS : Sentencing - sentence being served on protection - not envisaged at time of sentencing. LEGISLATION CITED : Crimes Act 1900 CASES CITED: R v Henry, 46 NSWLR 346 DECISION : See paras 19 and 20

IN THE COURT OF CRIMINAL APPEAL

60937/01 BUDDIN, J SMART AJ

Friday, 27 September 2002 Regina v ADAM INGRAM

JUDGMENT

1. SMART AJ: Adam Ingram seeks leave to appeal against the asserted severity of a sentence of imprisonment of 3 years 6 months with a non-parole period of 18 months for one count of robbery pursuant to s 94 of the Crimes Act 1900 and taking into account three counts of obtaining money by deception and one count of break, enter and steal.

2. The sentencing judge has set out the facts and circumstances in considerable detail in his remarks and made a number of findings. About 2 pm on 17 May 2000 the victim, a lady of 75 years of age, drew some $1500 out of the bank to meet expenses for her brother. She placed the money in her handbag. As she walked along Hall Street, Cessnock, the applicant ran up behind her and caused her to fall to the ground, grabbing her handbag. He violently shook the handbag and the victim.