Regina v Sumeo [2002] NSWCCA 271

New South Wales Court of Criminal Appeal

CITATION : Regina v Sumeo [2002] NSWCCA 271 revised - 25/07/2002 FILE NUMBER(S) : CCA 60558/01 HEARING DATE(S) : 27 June 2002 JUDGMENT DATE : 27 June 2002

PARTIES : Regina v Falaniko Sumeo JUDGMENT OF : Smart AJ at 1, 30; Blanch AJ at 29

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/11/0198 LOWER COURT JUDICIAL Hock DCJ OFFICER :

COUNSEL : (A) D N Stewart (C) L M B Lampratti SOLICITORS : (A) Ross Hill Solicitors (C) S E O'Connor CATCHWORDS : Sentencing - grave instances of aggravated robbery and maliciously inflicting grievous bodily harm with intent - sentences not excessive LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 CASES CITED: Nil DECISION : Leave to appeal granted - Appeal dismissed

IN THE COURT OF CRIMINAL APPEAL

60558/01 SMART AJ BLANCH AJ

Thursday, 27 June 2002 REGINA v FALANIKO SUMEO

JUDGMENT

1. SMART AJ: Falaniko Sumeo seeks leave to appeal against the severity of the following sentences: (a) Robbery using corporal violence with the infliction of grievous bodily harm - Imprisonment for a fixed term of four years from 23 September 2000.

(b) Maliciously inflict grievous bodily harm with intent to inflict such harm - Imprisonment for eleven years from 23 September 2002 with a non-parole period of seven years to expire on 22 September 2009. 2. Thus, the effective total head sentence is thirteen years and the effective total fixed term and non-parole period amount to nine years. Both offences carry a maximum penalty of twenty-five years. The applicant was arrested and taken into custody on 23 September 2000. He pleaded guilty to both offences. 3. Aggravated Robbery