R v DM [2005] NSWCCA 181

New South Wales Court of Criminal Appeal

CITATION: R v DM [2005] NSWCCA 181

HEARING DATE(S): 20 May 2005

JUDGMENT DATE: 18 July 2005

JUDGMENT OF: Grove J at 1; Hulme J at 2; Simpson J at 33

DECISION: (i) leave to appeal granted; (ii) appeal allowed in part, to the extent that the sentence imposed in respect of the first count, of robbery in company with wounding committed on 10 January 2003: the sentence imposed quashed and in lieu thereof the applicant sentenced to imprisonment for five years and three months, commencing on 25 June 2004 and expiring on 24 September 2009, with a non-parole period of two years expiring on 24 June 2006.

CATCHWORDS: application for leave to appeal against severity of sentence - robbery in company with wounding - detain person in company with intent to obtain advantage - robbery in company - detain - pleas of guilty - offences taken into account - applicant on conditional liberty - accumulation of sentence - youthful offender - special considerations applying to sentencing of children - totality - subjective circumstances - whether overall sentence manifestly excessive - special circumstances - promotion of rehabilitation - sequential and partially overlapping sentences - ratio between non-parole period and overall sentence

Children (Criminal Proceedings) Act 1987, s3, s6, s17 LEGISLATION CITED: Crimes Act 1900, s66A Crimes (Sentencing Procedure) Act 1999, Part 3 Division 3, s44, s45

R v JDB [2005] NSWCCA 102; unreported, 24 March 2005 R v Hearne (2001) NSWCCA 37; 124 A Crim R 451 CASES CITED: Johnson v The Queen [2004] HCA 15; 78 ALJR 616 R v GDP (1991) 53 A Crim R 112 Veen v R (No 2) [1987-1988] 164 CLR 465