Regina v Mathieson [2002] NSWCCA 97

New South Wales Court of Criminal Appeal

CITATION : Regina v Mathieson [2002] NSWCCA 97 FILE NUMBER(S) : CCA 60718/01 HEARING DATE(S) : 27 February 2002 JUDGMENT DATE : 27 March 2002

PARTIES : Crown - Applicant Steven Robert Mathieson - Respondent JUDGMENT OF : Sheller JA at 1; Grove J at 2; Simpson J at 3

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/71/0104 LOWER COURT JUDICIAL Nicholson DCJ OFFICER :

COUNSEL : D M L Woodburne (Crown/Appl) H Dhanji (Resp) SOLICITORS : S E O'Connor (Crown/Appl) D J Humphreys (Resp) CATCHWORDS : Crown appeal - 6 offences - one count of escape lawful custody - 5 offences committed whilst unlawfully at large - non-parole period - findings of fact not supported by evidence - sentences in total manifestly inadequate - respondent resentenced LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 Crimes (Administration of Sentences) Act 1999 R v Thomson & Houlton [2000] NSW CCA 309; 49 NSWLR 383 R v Cartwright (1989) 17 NSWLR 243 CASES CITED: R v Pearce [1998] HCA 57; 194 CLR 610 R v Ellis (1986) 6 NSWLR 603 R v Cameron [2002] HCA 6; unreported, 14 February, 2002 DECISION : Ref para 33

IN THE COURT OF CRIMINAL APPEAL 60718/01

SHELLER JA GROVE J SIMPSON J

27 March 2002 REGINA v STEVEN ROBERT MATHIESON Judgment 1 SHELLER JA: I agree with Simpson J. 2 GROVE J: I agree with Simpson J. 3 SIMPSON J: On 4 October 2001 the respondent pleaded guilty in the District Court to an indictment containing six charges. On 16 October 2001 he was sentenced. The Crown now appeals against the asserted leniency of the sentences imposed. The charges and the head sentences imposed were: 1) escape lawful custody: fixed term of imprisonment of nine months, commencing 21 January 2002; 2) steal motor vehicle: imprisonment for 22 and a half months, commencing 6 August 2001; 3) robbery in company: imprisonment for 11 months, commencing 6 August 2002; 4) robbery in company: imprisonment for 18 months, commencing 6 August 2002; 5) assault with intent to rob whilst armed with offensive weapon: imprisonment for 13 months, commencing 6 August 2002; 6) break, enter and steal: imprisonment for 12 months, commencing 6 August 2002. 4 Having imposed these sentences His Honour then said: "In respect of all offences other than the escape, I fix a non-parole period of 15 months commencing on 6 August 2001 and expiring on 5 November 2002. I order you be released to parole on that date pursuant to conditions."