Regina v GIBBS [2004] NSWCCA 399

New South Wales Court of Criminal Appeal

CITATION : Regina v GIBBS [2004] NSWCCA 399 HEARING DATE(S) : 30/9/04 JUDGMENT DATE : 30 September 2004

JUDGMENT OF : Wood CJ at CL at 1, 27; Hislop J at 25; Smart AJ at 26 DECISION : Leave to appeal granted. Appeal dismissed.

CATCHWORDS : CRIMINAL LAW - appeal against severity of sentence - robbery - plea of guilty - whether sentencing Judge took into account material which was not in evidence. LEGISLATION CITED : Crimes Act 1900 - s 94 CASES CITED : Regina v Lattouf (1980) 2 A Crim R 65 PARTIES : Regina Noel George GIBBS FILE NUMBER(S) : CCA 2004/1889 COUNSEL : G Rowling (Crown) T Golding SOLICITORS : S Kavanagh (Crown) S E O'Connor

LOWER COURT Local Court JURISDICTION : LOWER COURT 03/11/1155 FILE NUMBER(S) : LOWER COURT Ainslie Wallace DCJ JUDICIAL OFFICER :

- 4 - IN THE COURT OF CRIMINAL APPEAL 1889/04

WOOD CJ at CL HISLOP J SMART AJ

Thursday 30 September 2004 Regina v Noel George GIBBS Judgment 1 WOOD CJ at CL: The Applicant pleaded guilty in the Local Court to a charge of robbery (s 94 of the Crimes Act) On 4 December 2003 he was sentenced by Ainslie-Wallace DCJ to imprisonment for three years with a non parole period of sixteen months. The plea was accepted by her Honour as having been entered at the earliest time, although the extent of the discount was not disclosed in the reasons for sentence.