R v Young [2003] NSWCCA 276

New South Wales Court of Criminal Appeal

CITATION : R v Young [2003] NSWCCA 276 HEARING DATE(S) : Monday 15 September 2003 JUDGMENT DATE : 1 October 2003

JUDGMENT OF : Hidden J at 1; Greg James J at 16; Smart AJ at 17 DECISION : See par 15

CATCHWORDS : CRIMINAL LAW: - Sentence - robbery, alternative stealing from the person - plea of guilty to alternative charge - whether judge maintained distinction between robbery and stealing from the person - failure of judge to refer to plea of guilty - factors on re-sentence Crimes Act LEGISLATION CITED : Crimes (Sentencing Procedure) Act Criminal Appeal Act R v Hua [2002] NSWCCA 384 R v Delk (1999) 46 NSWLR 340 R v Kerr-Bell (CCA unreported 13 February 1991) CASES CITED : R v McCarroll [1999] NSWCCA 237 R v Dib [2003] NSWCCA 117 R v Crombie [1999] NSWCCA 297 R v Simpson(2001) 53 NSWLR 704 R v Cardoso [2003] NSWCCA 15 PARTIES : Regina (respondent) Jeremy Nathan Young (applicant) FILE NUMBER(S) : CCA 60260/03 COUNSEL : A Francis (applicant) D Frearson (respondent) SOLICITORS : B Sandland (applicant) C K Smith (respondent)

LOWER COURT District Court JURISDICTION : LOWER COURT 02/61/1079 FILE NUMBER(S) : LOWER COURT Finnane DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60260/03

HIDDEN J GREG JAMES J SMART AJ WEDNESDAY 1 OCTOBER 2003 Regina v Jeremy Nathan Young JUDGMENT 1 HIDDEN J: The applicant, Jeremy Nathan Young, was arraigned in the District Court at Broken Hill upon an indictment charging him with robbery and, in the alternative, stealing from the person. His plea of guilty to that alternative charge was accepted by the Crown prosecutor in satisfaction of the indictment. He was sentenced to imprisonment for four years, to date from his arrest on 22 July 2002, with a non-parole period of eighteen months. He seeks leave to appeal against that sentence.