LOGAN v REGINA [2003] NSWCCA 185

New South Wales Court of Criminal Appeal

CITATION : LOGAN v REGINA [2003] NSWCCA 185 HEARING DATE(S) : 24/06/03 JUDGMENT DATE : 24 June 2003

JUDGMENT OF : Meagher ACJ at 1; Dowd J at 2; Barr J at 24 DECISION : Leave to appeal granted; appeal dismissed.

CATCHWORDS : Appeal against sentence consequent on guilty plea - expression of contrition - prospects of rehabilitation - principle of totality - aboriginality. LEGISLATION CITED : Crimes Act 1900 Blackman and Waters [2001] NSWCCA 121 CASES CITED : Pearce v R (1998) 194 CLR 610 R v Hayes [2001] NSWCCA 358 Yardley v Betts (1979) 22 SASR 108 PARTIES : Frederick Ralph Logan (Applicant) Crown (Respondent) FILE NUMBER(S) : CCA 60062/03 COUNSEL : D Yehia (Applicant) GIO Rowling (Respondent) SOLICITORS : Sydney Regional Aboriginal Corporation Legal Service (Applicant) SE O'Connor (Respondent)

LOWER COURT District Court JURISDICTION : LOWER COURT 02/11/0602 FILE NUMBER(S) : LOWER COURT Kinchington DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60062/03

MEAGHER JA DOWD J BARR J

Tuesday 24 June 2003

FREDERICK RALPH LOGAN v REGINA Judgment 1 MEAGHER JA: I agree with Dowd J. 2 DOWD J: The applicant Frederick Ralph Logan applies for leave to appeal against sentence imposed on him consequent upon a plea of guilty in the District Court before Kinchington QC DCJ. 3 The applicant had been charged on an indictment with a count of Robbery occurring on 14 October 2001 in breach of s94 of the Crimes Act 1900 ("the Act") which carries a maximum penalty of fourteen years' imprisonment; a further count of Steal From A Person, the offence occurring on 1 December 2001 contrary to that same section; and a further count occurring also on 1 December 2001 of Malicious Damage contrary to s195 (a) of the Act carrying a maximum penalty of five years' imprisonment. 4 The sentence imposed on the first count was for five and a half years commencing 30 May 2002 being the date of sentence, to expire on 30 November 2007 with a non-parole period of two and a half years to expire on 30 November 2004. 5 On the second count his Honour imposed a fixed term of two years three months to commence on 1 December 2001 and to expire on 30 March 2004. On count three a fixed term of imprisonment for twelve months was imposed commencing on 1 December 2001 expiring on 30 November 2002. 6 The applicant had been arrested on 14 October 2001 on the charge in count one. He was refused bail. On the following day, bail was granted and fairly restrictive conditional bail was entered on 31 October 2001 and continued until 11 December 2001 when he was arrested for the charge in counts 2 and 3.