Regina v Drummond, Crook & Taranto [2002] NSWCCA 413

New South Wales Court of Criminal Appeal

CITATION : Regina v Drummond, Crook & Taranto [2002] NSWCCA 413 FILE NUMBER(S) : CCA 60608/01; 60671/01; 60592/01 HEARING DATE(S) : 9 October 2002 JUDGMENT DATE : 9 October 2002

Regina PARTIES : Martin Lee Drummond Suzanna Louise Crook Graham John Taranto JUDGMENT OF : Sperling J at 39; Buddin J at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/11/0503 LOWER COURT JUDICIAL Cooper DCJ OFFICER :

P Ingram (Crown) COUNSEL : Drummond (In Person) Crook (In Person) TS Corish (Taranto) SOLICITORS : SE O'Connor (Crown) Alexanders Lawyers (Taranto) CATCHWORDS : Appeals against sentence - applicants convicted at trial of offence of detain with intent to hold for advantage. DRUMMOND - major role - on parole - lengthy criminal record - challenge to findings of fact - not manifestly excessive CROOK - significant role - favourable subjective features - challenge to findings of fact - not manifestly excessive TARANTO - lesser role - sentence reduced LEGISLATION CITED : Criminal Appeal Act 1912 Crimes Act 1900 R v Elhalabi (2001) NSWCCA 516 CASES CITED: R v McGourty [2002] NSWCCA 335 R v Moffitt (1990) 20 NSWLR 114 R v Richards (1981) 2 NSWLR 464 DECISION : In respect of Martin Drummond: Grant leave to appeal. Appeal dismissed. In respect of Suzanna Crook: Grant leave to appeal. Appeal dismissed. In respect of Graham Taranto: Grant leave to appeal. Appeal allowed. Sentence imposed in District Court set aside. Sentence the applicant to imprisonment for three years to commence on 2 August 2001 and to expire on 1 August 2004 with a non-parole period of two years and three months to commence on 2 August 2001 and to expire on 1 November 2003 at which time the applicant will be released on parole.