Regina v Ellis; Regina v Carr [2002] NSWCCA 211

New South Wales Court of Criminal Appeal

CITATION : Regina v Ellis; Regina v Carr [2002] NSWCCA 211 FILE NUMBER(S) : CCA 60491/01 and 60539/01 HEARING DATE(S) : 17/05/02 JUDGMENT DATE : 17 May 2002

PARTIES : Regina v Mark Richard Ellis; Regina v Aaron James Carr JUDGMENT OF : Hidden J at 1,59; Smart AJ at 2

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/31/0099 LOWER COURT JUDICIAL Cooper DCJ OFFICER :

(A) H L A Cox (Ellis) COUNSEL : N Mikhaiel (Carr) (C) L M B Lamprati (A) D J Humphreys (Ellis) SOLICITORS : Jack Rigg (Carr) (C) S E O'Connor CATCHWORDS : Sentencing - Relevance of sentences passed on juvenile co-offenders LEGISLATION CITED : Nil R v Colgan (1999) NSWCCA 292 CASES CITED: R v Govinden (1999) 106 A Crim R 314 R v Boney [2001] NSWCCA 432 R v Thompson, R v Houlton [2000] 49 NSWLR 383 DECISION : See para 58

IN THE COURT OF CRIMINAL APPEAL

60491/01 60539/01 HIDDEN J SMART AJ Friday 17 May 2002 REGINA v MARK RICHARD ELLIS REGINA v AARON JAMES CARR

JUDGMENT

1. HIDDEN J: I will ask Smart AJ to deliver the first judgment.

2. SMART AJ: Mark Richard Ellis and Aaron James Carr each seek leave to appeal against the severity of the sentences imposed on them in the District Court on 25 July 2001.

3. Mr Ellis was sentenced to imprisonment for four years with a non parole period of two years and three months on a charge of robbery using corporal violence and a concurrent sentence of a fixed term of six months for receiving. This related to a watch taken in the robbery. Mr Ellis was born on 3 June 1980 and was thus aged 20 at the time of the offences.