Regina v Timmis [2003] NSWCCA 158

New South Wales Court of Criminal Appeal

CITATION : Regina v Timmis [2003] NSWCCA 158 HEARING DATE(S) : 16 June 2003 JUDGMENT DATE : 20 June 2003

JUDGMENT OF : Hodgson JA at 1; Simpson J at 2; Greg James J at 48 DECISION : Leave to appeal granted. Appeal dismissed.

CATCHWORDS : Crimes (Sentencing Procedure) Act 1999, Part 3 Division 3 Crimes (Sentencing Procedure) Act 1999 (NSW), Part 3 Division 3, s44 LEGISLATION CITED : Criminal Procedure Act 1986 (NSW) Crimes Act 1900 (NSW), s447B Criminal Appeal Act 1912 (NSW), s6 CASES CITED : Attorney General's Application under s37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 581, unreported, 20 December 2002 PARTIES : Crown - Respondent Michael Anthony Timmis - Applicant FILE NUMBER(S) : CCA 60061/03 COUNSEL : D Howard - Crown P Hamill - Applicant SOLICITORS : SE O'Connor - Crown Gregory J Goold - Applicant

LOWER COURT District Court JURISDICTION : LOWER COURT 01/21/3384 FILE NUMBER(S) : LOWER COURT Sides DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60061/03

HODGSON JA SIMPSON J GREG JAMES J

Friday 20 June 2003 REGINA v Michael TIMMIS Judgment 1 HODGSON JA: I agree with Simpson J and Greg James J. 2 SIMPSON J: This is an application for leave to appeal against sentences imposed upon the applicant in the District Court on 28 June 2002. 3 On 8 March 2002 the applicant was charged in the District Court on an indictment containing four counts, of which the second and fourth were alternative to the first and third. The applicant entered pleas of not guilty to each primary charge, and guilty to each alternative charge. The Crown accepted those pleas in full satisfaction of the indictment. 4 Pursuant to Part 3 Division 3 of the Crimes (Sentencing Procedure) Act 1999 ("the Sentencing Procedure Act"), the applicant asked that four further offences, listed on the document known as a Form 1 ("the (first) Form 1 offences") of which he admitted his guilt, be taken into account on his sentences. Because further charges were then pending, sentencing in relation to this indictment was deferred. 5 On 26 June 2002 the applicant again appeared in the District Court, charged with a single count of larceny of a motor vehicle. He pleaded guilty to this offence. In relation to this indictment he asked that three further offences, listed on a second Form 1 ("the (second) Form 1 offences"), of which he also admitted his guilt, be taken into account. 6 A sentence hearing in relation to all matters followed and the applicant was sentenced on 28 June 2002. 7 The charges to which the applicant pleaded guilty, the Form 1 offences and the sentences imposed were as follows: