Jason Kumar v Regina [2007] NSWCCA 352

New South Wales Court of Criminal Appeal

CITATION: Jason Kumar v Regina [2007] NSWCCA 352

HEARING DATE(S): 5 December 2007

JUDGMENT DATE: 18 December 2007

JUDGMENT OF: Basten JA at 1; Hidden J at 2; Barr J at 3

DECISION: Leave to appeal against sentence refused.

PARTIES: Jason Kumar Regina

FILE NUMBER(S): CCA 2006/5137

COUNSEL: M Hobart SC A Francis

SOLICITORS: S Kavanagh C Williams

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 05/21/2058

LOWER COURT JUDICIAL OFFICER: Bennett DCJ

IN THE COURT OF CRIMINAL APPEAL 2006/5137

BASTEN JA HIDDEN J BARR J

18 DECEMBER 2007 JASON KUMAR v REGINA Judgment 1 BASTEN JA: I agree with Barr J. 2 HIDDEN J: I agree with Barr J. 3 BARR J: Jason Kumar has applied for leave to appeal against a sentence imposed in the District Court. He pleaded guilty to one count of stealing from the person, contrary to s94 Crimes Act. The maximum sentence is fourteen years' imprisonment. He was sentenced to imprisonment for three years, commencing on 16 April 2006 and expiring on 15 April 2009. The sentencing judge ordered that he be released to parole at the expiry of the non-parole period on 15 April 2008, less than four months from now. 4 The facts were described as follows in a statement tendered by consent to the sentencing judge - On 2 May 2005 shortly after 6 pm Mr Kenneth Pitson was standing in Patrick Street, Blacktown in the vicinity of the railway station and taxi rank adjacent to it. The offender ' s co-offender, Michael Hanna, approached Mr Pitson and introduced himself as Max. He engaged Mr Pitson in conversation and then asked if he could borrow Mr Pitson's phone. This took place near a phone booth at that location. At first Mr Pitson was reluctant to lend the phone but soon agreed. Hanna took Mr Pitson's SIM card from the phone and inserted his own. He used the telephone at a point proximate to the telephone booth but then began to walk away continuing to use Mr Pitson's phone as he did so. Mr Pitson followed and as they approached a 7­Eleven store nearby Hanna introduced Mr Pitson to this offender whom he had identified as Owen. This offender was standing with a group of other males at that time.