R v ROBERTS [2005] NSWCCA 401

New South Wales Court of Criminal Appeal

R v ROBERTS [2005] NSWCCA 401 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 28 September 2005

JUDGMENT DATE: 22 November 2005

JUDGMENT OF: McClellan CJ at CL at 1; Hislop J at 2; Rothman J at 3

DECISION: Leave to appeal be granted and the appeal be dismissed.

CATCHWORDS: Criminal Law - Sentencing - Aggravated break, enter and steal - s.112(2) Crimes Act - Flexibility in sentencing - No error of law - Not manifestly excessive - Parity

LEGISLATION CITED: Crimes Act 1900 (NSW)

CASES CITED: Johnson v The Queen (2004) 78 ALFR 616

The Queen PARTIES: ROBERTS, Troy John

FILE NUMBER(S): CCA 2005/994

Crown - Mr G Rowling COUNSEL: App - Ms N Mikhaiel

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 03/11/1174

LOWER COURT JUDICIAL OFFICER: Morgan DCJ

- 1 - IN THE COURT OF CRIMINAL APPEAL 2005/994

McCLELLAN CJ at CL HISLOP J ROTHMAN J

22 November 2005 REGINA v Troy John ROBERTS Judgment 1 McCLELLAN CJ at CL: I agree with Rothman J. 2 HISLOP J: I agree with Rothman J. 3 ROTHMAN J: The appellant, Troy John Roberts, seeks leave to appeal against the sentence imposed upon him for aggravated break, enter and steal contrary to the provisions of s.112(2) of the Crimes Act 1900 (NSW). If leave is granted, the appellant seeks to agitate the appeal on the basis that the sentence imposed was manifestly excessive.