Regina v CHASE [2002] NSWCCA 231

New South Wales Court of Criminal Appeal

CITATION : Regina v CHASE [2002] NSWCCA 231 FILE NUMBER(S) : CCA 60714/01 HEARING DATE(S) : 3 June, 2002 JUDGMENT DATE : 3 June 2002

PARTIES : Regina (appellant) Roger Chase (respondent) JUDGMENT OF : Heydon JA at 19, 21; Hidden J at 20; Blanch AJ at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/21/0180 LOWER COURT JUDICIAL Puckeridge QC DCJ OFFICER :

COUNSEL : PG Ingram (Crown) L Flannery (respondent) SOLICITORS : SE O'Connor (Crown) DJ Humphreys (respondent) CATCHWORDS : Criminal law - robbery - Crown appeal - parity of sentence CASES CITED: Griffiths v The Queen (1976-1977) 137 CLR 293 DECISION : Crown appeal dismissed.

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IN THE COURT OF CRIMINAL APPEAL

60714/01

HEYDON JA HIDDEN J BLANCH J

3 June, 2002

REGINA v ROGER CHASE JUDGMENT

1 BLANCH J: This is a Crown appeal against sentence, which was imposed in the District Court in respect of a series of robbery offences. The sentences were imposed on 7 September, 2001. Effectively, the respondent was sentenced in respect of a number of the offences, being counts 1-3 and 5-8, to a fixed term of three years imprisonment to date from 25 January, 2001. 2 There was a further offence, count 4, which was robbery whilst armed, and on that charge the sentencing judge imposed a cumulative sentence of three years, which was to date from 25 January, 2004. In respect of that cumulative sentence, his Honour found that there were special circumstances, and specified a non-parole period of eighteen months from 25 January, 2004, so that the total effective sentence imposed in the District Court was one of six years, with a four and a half year non-parole period.