Regina v Marouche [2002] NSWCCA 202

New South Wales Court of Criminal Appeal

CITATION : Regina v Marouche [2002] NSWCCA 202 FILE NUMBER(S) : CCA 60537/01 HEARING DATE(S) : 23 May 2002 JUDGMENT DATE : 23 May 2002

PARTIES : Stephen Hassan Marouche v Regina JUDGMENT OF : Dowd J at 1, 35; Smart AJ at 2

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/21/3167; 01/21/3151 LOWER COURT JUDICIAL Robison DCJ OFFICER :

COUNSEL : (A) A P Cook (C) P G Ingram SOLICITORS : (A) D J Humphreys (C) S E O'Connor CATCHWORDS : Sentencing - young offender - need to adjust non-parole period to reflect accumulation of sentences LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 CASES CITED: Nil DECISION : See para 34 and Short Minutes of Orders

IN THE COURT OF CRIMINAL APPEAL

60537/01 DOWD J SMART AJ

Thursday 23 May 2002 REGINA v STEPHEN HASSAN MAROUCHE

JUDGMENT

1. DOWD J: The Court is in a position to give judgment in this matter. Smart AJ will give the first judgment.

2. SMART AJ: Stephen Hassan Marouche seeks leave to appeal against the severity of a sentence of imprisonment for five years with a non-parole period of three years for robbery in company, taking into account one count of possessing car breaking implements, a ground down car key, one count of possessing an unauthorised firearm and one count of possessing unauthorised ammunition, a concurrent sentence of a fixed term of twelve months for stealing a motor vehicle, and a cumulative sentence of a fixed term of six months for escaping from lawful custody. The appellant had pleaded guilty to all offences.

3. On Sunday 7 January 2001, the applicant was an inmate of Long Bay Gaol. He was not eligible for release on parole until 7 February 2003. About 1.28 pm on 7 January 2001 a corrections officer saw the applicant and another inmate running along the inside of the rear fence line of the complex. He lost sight of both inmates. Subsequently a makeshift ladder was located propped up against the rear fence of the complex. The Crown alleged that the applicant had escaped by climbing the ladder.