R v Smith [2003] NSWCCA 381

New South Wales Court of Criminal Appeal

CITATION : R v Smith [2003] NSWCCA 381 HEARING DATE(S) : 12/12/03 JUDGMENT DATE : 12 December 2003

JUDGMENT OF : Sully J at 1; Barr J at 2; Newman AJ at 45 DECISION : (1) Allow the appeal and quash the sentences appealed from; (2) Impose in lieu the following sentences: (i) For the attempted robbery in company on 14 February 2002 imprisonment for six years and six months commencing on 13 June 2003 and ending on 12 December 2009. Decline to fix a non-parole period; (ii) For the robbery in company on 18 February 2002 imprisonment for eight years commencing on 13 June 2004 and expiring on 12 June 2012. Decline to fix a non-parole period; (iii) For the robbery in company on 7 March 2002 imprisonment for six years and six months commencing on 13 June 2005 and ending on 12 December 2011. Decline to fix a non-parole period; (iv) For the robbery in company on 28 March 2002 imprisonment for eight years commencing on 13 June 2006 and expiring on 12 June 2014. Fix a non-parole period of six years expiring on 12 June 2012; (v) For the aggravated robbery in company on 17 May 2002, and taking into account the matters under the provisions of s 32 Crimes (Sentencing Procedure) Act imprisonment for eleven years commencing on 13 June 2007 and expiring on 12 June 2018. Fix a non-parole period of five years expiring on 12 June 2012; (vi) Declare that the respondent will be eligible for release on parole on 12 June 2012.

CATCHWORDS : Criminal law - sentencing - robbery and aggravated robbery LEGISLATION CITED : Criminal Appeal Act s5D Crimes (Sentencing Procedure) Act ss32, 44 Regina v Henry (1999) 46 NSWLR 346 CASES CITED : Pearce v The Queen (1998) 194 CLR 610 Regina v Thomson and Houlton (2000) 49 NSWLR 383 PARTIES : Regina Justin Robert Smith FILE NUMBER(S) : CCA 60275/03 COUNSEL : Crown: P Miller Respondent: A P Cook SOLICITORS : Crown: S E O'Connor Respondent: D Humphreys