Regina v Kollas [2002] NSWCCA 15

New South Wales Court of Criminal Appeal

CITATION : Regina v Kollas [2002] NSWCCA 15 FILE NUMBER(S) : CCA 60396/01 HEARING DATE(S) : 11/02/02 JUDGMENT DATE : 11 February 2002

PARTIES : Regina Robbie Ashley Kollas JUDGMENT OF : Kirby J at 1; Hidden J at 28

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/11/0731 LOWER COURT JUDICIAL Hosking DCJ OFFICER :

COUNSEL : L Lamprati (Crown) P J D Hamill (Appl) SOLICITORS : S E O'Connor (Crown) D J Humphreys (Appl) CATCHWORDS : Criminal Law & Procedure - Sentence - Appeal against severity - Inadequate sentence of co-offender - Parity in such circumstances Crimes Act, 1900 LEGISLATION CITED : Crimes (Sentencing Procedure) Act, 1999 Court of Criminal Appeal Act, 1912 The Queen v Doan (2000) 115 A Crim R 497 The Queen v Capper (1994) 69 ACR 64 CASES CITED: R v Tislandis (1982) 2 NSWLR 430 The Queen v Diamond (CCA, unreported, 08.02.93) R v Simpson [2001] NSWCCA 534 Power v The Queen (1973) 131 CLR 623 DECISION : Leave to argue the appeal.; Appeal dismissed.

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF CRIMINAL APPEAL

60396/01 HIDDEN J KIRBY J

Monday 11 February 2002 REGINA v Robbie Ashley KOLLAS

Judgment 1 KIRBY J: This is an appeal by Robbie Ashley Kollas (the applicant), against a sentence imposed by Judge Hosking on 1 June 2001. Mr Kollas was charged with three offences as follows: First, that on 23 December 1999 at Willoughby, he did maliciously inflict grievous bodily harm upon George Kanaan with intent to do grievous bodily harm. Secondly, in the alternative, that on the same day he maliciously inflicted grievous bodily harm upon George Kanaan contrary to s39 of the Crimes Act 1900; and Thirdly, that on the same day he maliciously damaged property, namely a glass door, contrary to s195 of the Crimes Act. 2 Mr Kollas pleaded not guilty to each offence. He was tried before Judge Hosking and a jury. The jury returned a verdict of not guilty on the first count. However, it found him guilty on counts 2 and 3. His Honour therefore was obliged to sentence in respect of those counts. He did so on 15 June 2001, backdating the sentence to the time Mr Kollas went into custody, 16 March 2001. His Honour imposed a term of imprisonment of three years in respect of count 2 with a non-parole period of two years expiring on 15 March 2002. On the remaining count, his Honour sentenced Mr Kollas to a fixed term of six months, concurrent with the previous term.