REGINA v David FIELDS [2002] NSWCCA 523

New South Wales Court of Criminal Appeal

CITATION : REGINA v David FIELDS [2002] NSWCCA 523 revised - 5/02/2003 FILE NUMBER(S) : CCA 60462/02 HEARING DATE(S) : 18 December 2002 JUDGMENT DATE : 18 December 2002

PARTIES : REGINA v David FIELDS JUDGMENT OF : Mason P at 1; James J at 31; Dunford J at 32

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/21/0147 LOWER COURT JUDICIAL Puckeridge DCJ OFFICER :

COUNSEL : Crown: G I O Rowling Respondent: G Whitehead/unrepresented SOLICITORS : Crown: S E O'Connor CATCHWORDS : Criminal appeal - sentence appeal - Crown appeal - larceny. (ND) DECISION : See par 30.

IN THE COURT OF CRIMINAL APPEAL CCA 60462/02

MASON P JAMES J DUNFORD J

Wednesday 18 December 2002 REGINA v David FIELDS Judgment

1 MASON P: This is a Crown appeal against inadequacy of sentence pursuant to Notice of Appeal filed on 15 October 2002 and notified on 10 September 2002. 2 On 6 May 2002 the respondent entered a plea of guilty to a charge of stealing. The plea was entered on the day fixed for trial in the District Court and after an adjournment application had been refused. The respondent adhered to that plea when he came before Puckeridge DCJ for sentencing on 5 September 2002. 3 The charge was that on 6 October 1999 at Auburn the respondent did steal certain property, namely 840 cartons of beer, the property of Linfox Pty Limited. The offence carried a maximum penalty of 5 years' imprisonment. The respondent also asked that a further offence be taken into account under the provisions of s 33 of the Crimes (Sentencing Procedure) Act, 1999. That offence involved stealing an identical quantity of beer some five days earlier on 1 October 1999. 4 The learned judge sentenced the respondent to a term of imprisonment for 14 months to be served by way of periodic detention. He declined to set a non-parole period, or to find special circumstances pursuant to s 44 of the said Act, and his Honour ordered the respondent to pay compensation in the sum of $40,504 being the wholesale value of the stolen beer at the rate of $1,000 per month. His Honour observed that $13,000 had already been paid as at that date. 5 The facts out of which the charge to which the respondent pleaded guilty are as follows: In October 1999 the respondent was in the employ of Linfox Pty Ltd as a maintenance man at its yard at Manchester Road, Auburn; from the yard, which was called the 'Clyde Yard', Linfox Pty Ltd managed the distribution of beer products on behalf of Carlton & United Breweries throughout the Sydney Metropolitan area.