Regina v Palinko [2005] NSWCCA 46

New South Wales Court of Criminal Appeal

CITATION: Regina v Palinko [2005] NSWCCA 46

HEARING DATE(S): 18/02/2005

JUDGMENT DATE: 1 March 2005

JUDGMENT OF: Bryson JA at 1; Barr J at 2; Hoeben J at 3

DECISION: Leave to appeal granted. Appeal dismissed.

CATCHWORDS: CRIMINAL LAW: s188 Crimes Act - receiving motor vehicle - objective seriousness - use of subjective features - concurrency and accumulation.

Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

House v The King (1936) 55 CLR 499 Pearce v The Queen (1998) 194 CLR at 610 CASES CITED: R v Ellis (1986) 6 NSWLR 603 R v Thomson and Houlton (2000) 49 NSWLR 383

Jason John Palinko - Applicant PARTIES: Crown - Respondent

FILE NUMBER(S): CCA 2004/2597

John P Punch - Applicant COUNSEL: D Arnott - Crown

Ryan and Bosscher - Applicant SOLICITORS: S Kavanagh, Solicitor for Public Prosecutions - Crown

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 04/21/0069

LOWER COURT JUDICIAL OFFICER: Delaney DCJ

IN THE COURT OF CRIMINAL APPEAL 2004/2597

BRYSON JA BARR J HOEBEN J

Tuesday, 1 March, 2005 REGINA v Jason John PALINKO JUDGMENT 1 BRYSON JA: I agree with Hoeben J. 2 BARR J: I agree with Hoeben J. 3 HOEBEN J: Offences and sentence On 29 March 2004 the applicant entered a plea of guilty at Parramatta Local Court in relation to two counts of receiving motor vehicles contrary to s188 of the Crimes Act 1900. The offences took place as to count 1, between 1 March 2003 (the date of theft) and 18 July 2003 (the date of recovery) and as to count 2, between 11 May 2003 (date of theft) and 18 July 2003 (the date of recovery). Each offence carried a maximum penalty of imprisonment for 12 years. 4 The applicant came before his Honour Delaney DCJ for sentence on 8 June 2004. The applicant adhered to his plea of guilty. His Honour sentenced the applicant as follows: