R v NEWMAN [2005] NSWCCA 388

New South Wales Court of Criminal Appeal

CITATION: R v NEWMAN [2005] NSWCCA 388

HEARING DATE(S): 4 November 2005

JUDGMENT DATE: 4 November 2005

JUDGMENT OF: Spigelman CJ at 16; Sully J at 17; Hulme J at 1

DECISION: Leave to appeal granted; Appeal dismissed

Regina PARTIES: Craig John NEWMAN

FILE NUMBER(S): CCA 2005/1220

Crown: G Frearson SC COUNSEL: Applicant: A P Cook

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

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 04/11/1241

LOWER COURT JUDICIAL OFFICER: McLoughlin DCJ

5 - - IN THE COURT OF CRIMINAL APPEAL 3006/2330

SPIGELMAN CJ SULLY J HULME J

4 November 2005 R v Craig John NEWMAN Judgment 1 HULME J: The abovenamed Applicant seeks to appeal from sentences imposed by Judge McLoughlin on 20 January last in respect of 2 offences of break enter and steal. The first was committed on 16 January 2002 when the Applicant forced entry to a residence in Leichhardt by smashing in a rear door. Within the premises he stole a video-cassette recorder, a CD stereo system, a wallet and some $400 in cash, the total value of the property stolen being said to be $1,980.00. The damage to the rear door was said to cost some $500.00. 2 The second offence occurred on 8 November 2002 and also at a residence at Leichhardt. The applicant placed a chair under a garden window and lifted the window off its track. Having gained entry he stole items of jewellery, a laptop computer, cheques, a cheque book and a car key, the total value of which was said to be some $8,563.00.