REGINA v RANDALL [2002] NSWCCA 239

New South Wales Court of Criminal Appeal

CITATION : REGINA v RANDALL [2002] NSWCCA 239 FILE NUMBER(S) : CCA 60788/01 HEARING DATE(S) : 12 June 2002 JUDGMENT DATE : 12 June 2002

Regina

PARTIES : v

Bruce Randall JUDGMENT OF : Adams J at 1; Blanch AJ at 23

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/51/0137 LOWER COURT JUDICIAL Ducker DCJ OFFICER :

COUNSEL : D J Woodburne (Crown) P D Rosser (Applicant) SOLICITORS : S E O'Connor (Crown) Sydney Regional Aboriginal Corporation Legal Service (Applicant)

LEGISLATION CITED : Crimes Act 1900 Section 1(1) Criminal Code of WA CASES CITED: Queen v De Simoni (1980-1981) 147 CLR 303 Queen v Overall (unreported) NSWCCA 16 December 1993 DECISION : See paragraphs 22 and 24

IN THE COURT OF CRIMINAL APPEAL 60788/01

ADAMS J BLANCH J

WEDNESDAY 12 JUNE 2002 REGINA v BRUCE RANDALL JUDGMENT

1 ADAMS J: This is an application for leave to appeal by an offender who was convicted on 22 October 2001 in Lismore District Court of an offence under s 94 of the Crimes Act 1900 in the following form: that Bruce Desmond Randall on 15 February 2001 at Lismore in the State of New South Wales did steal certain property, namely, one handbag, one wallet, one Commonwealth Bank card, $200 in cash being the property of June Stewardson from the person of June Stewardson. 2 Ms Stewardson was at the time of the offence seventy-seven years old and had gone to the local supermarket, the Lismore Central Shopping Centre. At around 3.30pm she went to the car park and commenced loading her shopping into the boot of her vehicle. As she did this she was pushed to the back of her right shoulder and hand with force knocking her off balance. She suffered a laceration to her right hand and bruising to her left arm, although it is unclear whether she fell over or this was caused by her hitting some part of the motorcar. 3 After being pushed, the applicant and a young female accomplice took Ms Stewardson's handbag from her left shoulder and ran off. They were chased by a number of people over some distance. Ultimately the applicant was caught and held until the police arrived. 4 The applicant admitted his offence to police. It is scarcely surprising, although for reasons which will become clear later, I do not think he ever would have been able to deny it. He then pleaded guilty to the offence in the Local Court and adhered to that plea when he came before the District Court. 5 The learned sentencing Judge imposed a sentence of three years and six months imprisonment commencing on 15 February 2001 and expiring on 15 May 2004 setting a non-parole period of twenty one months expiring on 14 November 2002. 6 On 13 November 2001 the applicant signed an application for leave to appeal on the ground that the sentence imposed was too severe. The Court is not aware of the reasons for the apparent delay in hearing this application. 7 The error of law upon which the applicant principally relies is that identified authoritatively in Queen v De Simoni (1980–1981) 147 CLR 303. Section 1(1) of the Criminal Code of Western Australia provides - "The term 'circumstance of aggravation' means and includes any circumstance by reason whereof an offender is liable to a greater punishment than that to which he would be liable if the offence were committed without the existence of that circumstance".