R v Depoma [2003] NSWCCA 382

New South Wales Court of Criminal Appeal

CITATION : R v Depoma [2003] NSWCCA 382 HEARING DATE(S) : 15/12/03 JUDGMENT DATE : 15 December 2003

JUDGMENT OF : Barr J at 1; Kirby J at 36 DECISION : Leave to appeal granted; appeal dismissed.

CATCHWORDS : Criminal law - sentencing - disposing of stolen property LEGISLATION CITED : Crimes (Sentencing Procedure) Act ss32, 44 Crimes Act s188 CASES CITED : R v Doan (2000) 50 NSWLR 115 R v Fernando & Anor [1999] NSWCCA 66 PARTIES : Regina Torrens Depoma FILE NUMBER(S) : CCA 60386/03 COUNSEL : Applicant: R W Burgess Crown: D M A Woodburne SOLICITORS : Applicant: D Humphreys Crown: S E O'Connor

LOWER COURT District Court JURISDICTION : LOWER COURT 03/21/3024 FILE NUMBER(S) : LOWER COURT Robison DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60386/03

BARR J KIRBY J

Monday, 15 December 2003 REGINA v Torrens DEPOMA Judgment 1 This is an application for leave to appeal against sentences imposed in the District Court. The applicant, Torrens Depoma, was arrested on 19 November 2002 after he had been identified as having pawned stolen goods. He was charged with breaking, entering and stealing and with two counts of disposing of stolen property. In the Local Court he pleaded not guilty to the first charge and guilty to the others and was committed to the District Court for trial and sentence accordingly. In the District Court the breaking, entering and stealing charge was discontinued and the applicant was sentenced for the two counts to which he had pleaded guilty all along.