REGINA v John Shaopeng YIN [2005] NSWCCA 138

New South Wales Court of Criminal Appeal

CITATION: REGINA v John Shaopeng YIN [2005] NSWCCA 138

HEARING DATE(S): 24 November 2004

JUDGMENT DATE: 15 April 2005

JUDGMENT OF: Sully J at 1; Dunford J at 2; Hidden J at 3

DECISION: Leave to appeal granted, appeal dismissed.

CATCHWORDS: CRIMINAL LAW: Application for leave to appeal against sentence - Multiple charges of armed robbery - Whether adequate allowance for pleas of guilty, special circumstances - whether sentences, in the aggregate, manifestly excessive

Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912

Regina v Thomson and Houlton (2000) 49 NSWLR 383 Regina v Henry (1999) 46 NSWLR 346 CASES CITED: Regina v Simpson (2001) 53 NSWLR 704 Pearce v The Queen (1998 194 CLR 610

REGINA - Crown (Respondent) PARTIES: John Shaopeng YIN - (Applicant)

FILE NUMBER(S): CCA 2004/1805

Ms D Woodburne - Crown (Respondent) COUNSEL: Mr C Smith - (Applicant)

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

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 03/21/0179

LOWER COURT JUDICIAL OFFICER: Tupman DCJ

IN THE COURT OF CRIMINAL APPEAL 60284/2004

SULLY J DUNFORD J HIDDEN J

Friday 15 April 2005 REGINA v John Shaopeng YIN Judgment 1 SULLY J: I agree with Hidden J. 2 DUNFORD J: I agree with Hidden J. 3 HIDDEN J: The applicant, John Shaopeng Yin, pleaded guilty before Tupman DCJ to three counts of robbery whilst armed with a offensive weapon (s97(1) of the Crimes Act) and four counts of robbery whilst armed with a dangerous weapon (s97(2) of the Act). Those offences carry respectively maximum sentences of twenty years and twenty-five years imprisonment. He also asked her Honour to take into account on a Form 1 three further charges of robbery whilst armed with an offensive weapon, one charge of robbery whilst armed with a dangerous weapon and a charge of assault with intent to rob whilst armed with a dangerous weapon. Her Honour imposed sentences which, in the aggregate, amounted to imprisonment for eleven years with a non-parole period of eight years and three months. The applicant seeks leave to appeal against those sentences. At the hearing the Court granted him an extension of time to do so.