R v DF [2005] NSWCCA 259

New South Wales Court of Criminal Appeal

CITATION: R v DF [2005] NSWCCA 259

HEARING DATE(S): 22/07/2005

JUDGMENT DATE: 22 July 2005

JUDGMENT OF: Brownie AJA at 26; Buddin J at 1; Latham J at 27

DECISION: Leave to appeal granted. Appeals allowed but only to the extent of correcting the sentences imposed so that they conform with the requirements of s 44 of the Crimes (Sentencing Procedure) Act 1999. In respect of the offence of specially aggravated kidnapping the applicant is sentenced to a non-parole period of 2½ years to commence on 22 July 2004 and to expire on 21 January 2007. The total sentence is one of 5 years which will expire on 21 July 2009. In respect of the offence of robbery whilst armed the applicant is sentenced to a non-parole period of 2½ years to commence on 22 July 2004 and to expire on 21 January 2007. The total sentence is one of 4 years which will expire on 21 July 2008. The applicant is eligible for parole on 21 January 2007.

CATCHWORDS: Appeal - severity of sentence - offences of specially aggravated kidnapping and robbery whilst armed - youth and rehabilitation - quantification of discount for pleas - form of order

Children (Criminal Proceedings) Act 1987 LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999

R v Cramp [2004] NSWCCA 264 CASES CITED: R v Thomson & Houlton (2000) 49 NSWLR 383

Regina PARTIES: DF

FILE NUMBER(S): CCA 2005/771

Ms J Girdham (Crown) COUNSEL: PM Winch (Applicant)

S Kavanagh (Crown) SOLICITORS: S O'Connor (Applicant)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 04/21/0099