Regina v Sewell [2002] NSWCCA 7

New South Wales Court of Criminal Appeal

CITATION : Regina v Sewell [2002] NSWCCA 7 FILE NUMBER(S) : CCA 60731/01 HEARING DATE(S) : 01/02/02 JUDGMENT DATE : 1 February 2002

PARTIES : Regina v Thomas Joseph Sewell JUDGMENT OF : Ipp AJA at 1 & 64; Grove J at 62; Dowd J at 63

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/21/0232 LOWER COURT JUDICIAL McGuire DCJ OFFICER :

COUNSEL : J C Papayanni/P A Leary (Appellant) P J P Power (Crown) SOLICITORS : Leary and Co (Appellant) S E O'Connor (Crown) CATCHWORDS : CRIMINAL LAW - appeal against conviction - withdrawal of guilty plea - agreement between Crown and appellant as to the counts brought against him to which he would plead guilty - pleas of guilt voluntary - appellant repudiated agreement - repudiation does not give rise to an entitlement to withdraw the pleas of guilty of which appellant was fully informed - CRIMINAL LAW - application for leave to appeal against sentence - appellant sentenced to concurrent terms of four years for seven charges of contravening s 300(2) of the Crimes Act 1900 with non-parole periods of one year five months - sentence imposed within discretion. LEGISLATION CITED : Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Maxwell v The Queen (1995) 184 CLR 501 R v Sewell (Unreported, NSWCCA, 10 August 2001) Pantorno v The Queen (1989) 166 CLR 466 CASES CITED: R v Chiron (1980) 1 NSWLR 218 R v KCH (Unreported, NSWCCA, 19 September 2001) R v Ellis (1986) 6 NSWLR 633 R v Bishop (Unreported, NSWCCA, 23 December 1996) R v L (Unreported, NSWCCA, 17 June 1996) DECISION : (1) Appeal against conviction dismissed (2) Application for leave to appeal against sentence dismissed