Regina v Guthrie [2002] NSWCCA 77

New South Wales Court of Criminal Appeal

CITATION : Regina v Guthrie [2002] NSWCCA 77 revised - 17/05/2002 FILE NUMBER(S) : CCA 60807/01 HEARING DATE(S) : 1 March 2002, 8 March 2002 JUDGMENT DATE : 21 March 2002

PARTIES : Regina v Patrick Guthrie JUDGMENT OF : Sheller JA at 1; Grove J at 3; Simpson J at 35

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/31/0149 LOWER COURT JUDICIAL Coolahan DCJ OFFICER :

COUNSEL : P. Barrett (Crown/Applicant) T.C. Watts (Respondent) SOLICITORS : S. E. O'Connor (Crown) Burston Cole (Respondent) CATCHWORDS : CRIMINAL LAW AND PROCEDURE - SENTENCE - CROWN APPEAL ALLEGING INADEQUACY - FACTORS IN RESENTENCE ASSESSMENT LEGISLATION CITED : s5D Criminal Appeal Act s44 Crimes (Sentencing Procedure) Act CASES CITED: Cameron v The Queen [2002] HCA 6 DECISION : CROWN APPEAL ALLOWED; RESENTENCED

The respondent pleaded guilty in the District Court to a count of aggravated breaking and entering with intent to steal. He and a co-offender modified a truck and were using it in an attempt to make off with an automatic teller machine. Police were aware of their plans and a tactical unit was positioned to arrest them. The offenders were heavily armed with automatic weapons. The respondent attempted to escape and was restrained in a violent confrontation during which he attempted to access a pistol concealed in his clothing. The co-offender was younger and had no prior convictions. The respondent was found to be the prime motivator of the crime. He had multiple convictions for firearms offences. It was argued that, if the court came to resentence, it should be mitigated because the arresting police had used excessive violence and injured the respondent in the course of arrest.