R v. Berrell [2003] NSWCCA 85

New South Wales Court of Criminal Appeal

CITATION : R v. Berrell [2003] NSWCCA 85 revised - 13/11/2003 HEARING DATE(S) : 27/03/03 JUDGMENT DATE : 27 March 2003

JUDGMENT OF : Smart AJ at 1; Studdert J at 51 DECISION : Leave to appeal granted. Appeal dismissed.

CATCHWORDS : stern sentences for multiple armed robberies and other serious offences correct - subjective features did not warrant lesser sentences than those imposed PARTIES : Regina Robert Anthony Berrell FILE NUMBER(S) : CCA 60400/2002 COUNSEL : Applicant: In person Crown: M. C. Grogan SOLICITORS : Crown: S. E. O'Connor

LOWER COURT District Court JURISDICTION : LOWER COURT 01/21/3250 FILE NUMBER(S) : LOWER COURT Sides DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60400/02

Studdert J Smart AJ

Thursday 27 March 2003 R v. Robert Anthony BERRELL Judgment

1. SMART AJ: Robert Anthony Berrell seeks leave to appeal against the length of these concurrent sentences: Counts 1-5 - Aggravated robbery - imprisonment for 5 years with a non-parole period of 3 years and 4 months. Count 6 - Aggravated armed robbery taking into account six further offences of aggravated armed robbery, one offence of aggravated assault with intent to rob, one offence of aggravated robbery and three offences of assault - imprisonment for 10 years with a non-parole period of 6 years and 8 months. 2. The circumstances of aggravation in each instance of aggravated armed robbery was being armed with a dangerous weapon, namely, the same replica pistol. The applicant was committed for trial on 27 July 2001. On arraignment on 14 December 2001 he entered pleas of guilty. The judge gave the applicant an appropriate discount for his early plea. 3. At the start of the hearing of the appeal the applicant queried the number of armed robberies in which he had been involved stating that there were only nine armed robberies. 4. It appears from the judge's remarks on sentence and on the transcript that in some instances there was more than one victim at a particular armed robbery at particular premises and this explains the difference in the number of charges. There were some 10 incidents. 5. At the hearing the sentencing judge took the applicant through all the matters on the Form 1 and confirmed that he was pleading guilty. The judge summarised the 10 incidents, out of which the offences arose, thus: Incident A 5 May 2000 Chamberlain Newsagency Campbelltown Aggravated armed robbery with a dangerous weapon