Iese v Regina [2005] NSWCCA 418

New South Wales Court of Criminal Appeal

CITATION: Iese v Regina [2005] NSWCCA 418

HEARING DATE(S): 06/12/05

JUDGMENT DATE: 6 December 2005

JUDGMENT OF: Grove J at 41; Studdert J at 42; Whealy J at 2

DECISION: Application granted. Appeal dismissed.

LEGISLATION CITED: Crimes Act 1900

R v Todd (1982) NSWLR 517 at 519-520 R Blanco (1999) 106 A Crim R 303 per Wood CJ at CL at para 16 R v Smith (1987) 44 SASR 587 at 589 CASES CITED: R v Bailey (1988) 35 A Crim R 458 R v McDonald (1988) 38 A Crim R 470 R v Miketic NSWCCA 425 per Wood CJ at CL at para 13 R v De Simoni (1981) 147 CLR 383

PARTIES: Dors (Dawers) Iese v Regina

FILE NUMBER(S): CCA 2005/1218CCAP

Mr H. Dhanji - Applicant COUNSEL: J. Dwyer - Respondent

Steve O'Connor - Legal Adi Commission SOLICITORS: S. Kavanagh - Solicitor for Public Prosecutions

LOWER COURT JURISDICTION: District Court

LOWER COURT JUDICIAL OFFICER: Gibson ADCJ

IN THE COURT OF CRIMINAL APPEAL 2005/1218

GROVE J STUDDERTJ WHEALY J

TUESDAY 6 December 2005

Dors (Dawers) IESE v REGINA Judgment 1 GROVE J: The Court is in a position to give judgment and I will ask Whealy J to deliver the first judgment. 2 WHEALY J: This is an application for leave to appeal against severity of sentence. The applicant pleaded guilty on the first day of trial in the Sydney District Court to one count of robbery contrary to s 94 of the Crimes Act 1900, one count of attempt aggravated robbery contrary to s 95(1)/344A Crimes Act 1900. 3 The applicant also asked the sentencing judge, whom I shall refer to as the Judge, to take into account a further offence of aggravated robbery with corporal violence contrary to s 95(1) Crimes Act 1900 on a Form 1 document. 4 The maximum penalty for the offence of robbery under s 94 of the Crimes Act is imprisonment for fourteen years. The maximum penalty for the offence of attempt aggravated robbery under s 95(1) is imprisonment for 20 years. 5 On 13 December 2004 the Judge convicted the applicant and sentenced him as follows: -