Regina v Drew [2005] NSWCCA 50

New South Wales Court of Criminal Appeal

CITATION: Regina v Drew [2005] NSWCCA 50

HEARING DATE(S): 16/02/2005

JUDGMENT DATE: 23 February 2005

JUDGMENT OF: Bryson JA at 1; Barr J at 20; Hoeben J at 21

DECISION: (1) The applicant is granted leave to appeal against sentence.; (2) The sentence imposed upon the applicant by the District Court at Port Macquarie on 4 December 2003 on conviction of aggravated assault with intent to take a motor vehicle while armed with an offensive weapon under s.154C(2) of the Crimes Act 1900 is set aside.; (3) In lieu thereof the applicant is sentenced to imprisonment for four years to commence from 4 September 2003 and to expire on 3 September 2007, with a non-parole period of two years to commence on 4 September 2003 and expire on 3 September 2005.; (4) The applicant will become eligible for release to parole on 3 September 2005.

CATCHWORDS: CRIMINAL LAW - sentencing - appeal against sentence - reference by Sentencing Judge to utilitarian value of plea of guilty followed immedaitely by reference to strength of Crown case and difficulty of any defence - no expressed discount - sentencing discretion erroneous - resentenced by CCA

Crimes Act 1900 Criminal Procedure Act 1986 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

Regina v. Sutton [2004] NSWCCA 225 CASES CITED: Regina v. Thomson; Regina v Houlton (2000) 49 NSWLR 383 Regina v. Way [2004] NSWCCA 131

Rebecca Thelma Drew - Applicant PARTIES: Crown - Respondent

FILE NUMBER(S): CCA 2451/2004

R Hulme - Applicant COUNSEL: DC Frearson SC - Respondent

SRALCS- Applicant SOLICITORS: S Kavanagh, Solicitor for Public Prosecutions - Respondent