Regina v Kumar [2002] NSWCCA 95

New South Wales Court of Criminal Appeal

CITATION : Regina v Kumar [2002] NSWCCA 95 FILE NUMBER(S) : CCA 60448/01 HEARING DATE(S) : 20March 2002 JUDGMENT DATE : 20 March 2002

PARTIES : Regina v Prem Kumar JUDGMENT OF : Adams J at 22; Smart AJ at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/21/3142 LOWER COURT JUDICIAL Goldring DCJ OFFICER :

COUNSEL : (A) In person (R) G E Smith SOLICITORS : (A) In person (R) S E O'Connor CATCHWORDS : No question of principle - sentence for robbery in company not excessive LEGISLATION CITED : Nil CASES CITED: Nil DECISION : Extend time within which applicant may seekleave to appeal. Leave to appeal against sentence refused.

IN THE COURT OF CRIMINAL APPEAL 60448/01 ADAMS J SMART AJ

Wednesday, 20 March 2002 REGINA v PREM KUMAR JUDGMENT

1. SMART AJ: Prem Kumar seeks leave to appeal against the alleged severity of a sentence of three years imprisonment with a non-parole period of eighteen months for the offence of robbery in company imposed upon him in the District Court. The judge took into account the offences of resist arrest and offensive conduct.

2. The facts were conveniently summarised thus in the Crown's written submissions:- "About 3.10pm on Thursday 25 May 2001 two youths, David Robertson, aged 14, and Shane Gough, aged 16, were walking south in Northumberland service way at Liverpool when they were approached by three older males from behind. One of those three told them to keep walking. The applicant then placed his arm over Robertson's shoulders and said, 'My friend's got a knife. I don't want to have to hurt you. Go around the corner.'