Regina v HALA aka BLACK [2004] NSWCCA 329

New South Wales Court of Criminal Appeal

CITATION : Regina v HALA aka BLACK [2004] NSWCCA 329 HEARING DATE(S) : 20 September 2004 JUDGMENT DATE : 23 September 2004

JUDGMENT OF : Spigelman CJ at 1; Barr J at 2; Hoeben J at 17 DECISION : Leave granted to appeal against sentence, appeal dismissed.

PARTIES : Regina v Edi HALA aka BLACK FILE NUMBER(S) : CCA 2004/2119 COUNSEL : Applicant: H Cox Respondent: D M L Woodburne SOLICITORS : Applicant: S O'Connor Respondent: S Kavanagh

LOWER COURT District Court JURISDICTION : LOWER COURT 03/11/1014 FILE NUMBER(S) : LOWER COURT Dodd DCJ JUDICIAL OFFICER :

- 5 - IN THE COURT OF CRIMINAL APPEAL 2004/2119 (60142/04)

SPIGELMAN CJ BARR J HOEBEN J

23 September 2004 REGINA V Edi HALA aka BLACK Judgment 1 SPIGELMAN CJ: I agree with Barr J. 2 BARR J: This is an application for leave to appeal against a sentence imposed in the District Court. On 15 December 2003 the applicant, Edi HALA, also known as BLACK, appeared before Dodd DCJ and confirmed a plea of guilty first entered before a magistrate to a charge of aggravated robbery contrary to s 95 (1) of the Crimes Act 1900. His Honour imposed a term of imprisonment of three years and six months, commencing on 23 September 2003 and expiring on 22 March 2007 and set a non-parole period of 12 months to expire on 22 September 2004.

3 On 22 September 2003 two youths, Christopher Jobson, aged 16 years, and Christopher Browne, aged 17 years, were walking in a public street in Sans Souci. The applicant walked up to them. He was affected by alcohol. He was apparently nursing some resentment about a conversation he had had with Christopher Jobson or both of the youths on an earlier occasion. He asked Christopher Jobson whether he remembered that he had promised to catch up with him. It is not necessary to enquire into the cause of the applicant's resentment or to ask whether it was justified. Nothing justified what he then did. He swung his right arm and struck Christopher Jobson across the face with the back of his hand. He insulted him and challenged him to a fight. He said that people had been laughing at him all his life and that it was his turn to strike back. He asked for a cigarette. That was refused. He asked what was in Christopher Jobson's jacket and took out a mobile telephone. He said that he was just going to look at it, not steal it. Once he got hold of it he said that he was going to keep it. Christopher Jobson told the applicant that the telephone belonged to his friend, Christopher Browne. He told the applicant that he really needed the telephone back. The applicant responded by punching Christopher Browne in the face, knocking him backwards onto a fence. The conversation ended with the applicant threatening to stab the victims, though there was no suggestion that he was armed or that he intended to carry out his threat.