Regina v GARNER [2004] NSWCCA 343

New South Wales Court of Criminal Appeal

CITATION : Regina v GARNER [2004] NSWCCA 343 HEARING DATE(S) : 29 September 2004 JUDGMENT DATE : 1 October 2004

JUDGMENT OF : Dunford J at 1; Barr J at 2; Hoeben J at 30 DECISION : Leave to appeal granted; appeal dismissed.

PARTIES : Regina v Andrew Glen GARNER FILE NUMBER(S) : CCA 2004/1796 COUNSEL : Applicant: P Byrne SC Respondent: J Girdham SOLICITORS : Applicant: L De Luca & Co Respondent: S Kavanagh

LOWER COURT District Court JURISDICTION : LOWER COURT 03/11/07469 FILE NUMBER(S) : LOWER COURT Gibson QC DCJ JUDICIAL OFFICER :

- 9 - IN THE COURT OF CRIMINAL APPEAL 2004/1796

Dunford J Barr J Hoeben J

1 October 2004 Regina v Andrew Glen Garner Judgment 1 DUNFORD J: I agree with Barr J. 2 BARR J: This is an application for leave to appeal against sentences imposed in the District Court. On 10 October 2003 the applicant, Andrew Glen Garner, pleaded guilty to charges that may be summarised as follows – 1 On 19 March 2003 at Manly, being armed with an offensive weapon, namely a knife, he robbed Jing Juan Lin of $400; and 2 On the same day at Cromer, being armed with an offensive weapon, namely a knife, he robbed Ann Zhuang of $185 and a quantity of cigarettes.

3 When he entered his pleas the applicant asked Gibson QC DCJ, to take into account under the provisions of the Crimes (Sentencing Procedure) Act one further offence, namely the use at Cromer on 19 March 2003 of an offensive weapon with intent to prevent his lawful apprehension.