R v Ebsworth [2002] NSWCCA 465

New South Wales Court of Criminal Appeal

CITATION : R v Ebsworth [2002] NSWCCA 465 FILE NUMBER(S) : CCA 60830/01 HEARING DATE(S) : 15/11/02 JUDGMENT DATE : 15 November 2002

PARTIES : Regina Allan Ray Ebsworth JUDGMENT OF : Wood CJ at CL at 1; Dowd J at 21; Bell J at 22

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 2001/0081 LOWER COURT JUDICIAL Milson DCJ OFFICER :

COUNSEL : G I O Rowling (Crown) P Winch SOLICITORS : S E O'Connor (Crown) D J Humphreys CATCHWORDS : CRIMINAL LAW - appeal against severity of sentence - armed robbery - Form 1 - being carried in conveyance without consent - eligibility for Drug Court Programme - appeal dismissed - error in lower court judgment rectified. LEGISLATION CITED : Criminal Appeal Act 1912 - s 6(3) Drug Court Act 1998 DPP v Ebsworth [2001] NSWCA 318 R v Armanios [2001] NSW CCA 110 R v Barton (2001) 121 A Crim R 185 R v Bavadra (2000) 115 A Crim R 152 R v Bertoncello NSW CCA 5 November 1997 CASES CITED: R v Cook [2002] NSWCCA 140 R v Henry (1999) 46 NSWLR 346 R v Parkinson [2001] NSW CCA 244 R v Readman (1990) 47 A Crim R 181 R v Simpson [2001] NSW CCA 534 R v Thomson & Houlton (2000) 49 NSWLR 383 DECISION : Leave to appeal granted, appeal dismissed. However, the error made by his Honour in calculating the date of expiry of the non parole period, which should have been 11 November 2004 and not 10 July 2005, as stated by his Honour is hereby corrected.