Douglas v R [2006] NSWCCA 94

New South Wales Court of Criminal Appeal

CITATION: Douglas v R [2006] NSWCCA 94

HEARING DATE(S): 1 February 2006

JUDGMENT DATE: 5 April 2006

JUDGMENT OF: Sully J at 1; Latham J at 2

DECISION: Leave to appeal granted; Appeal refused.

CATCHWORDS: Sentence only - aggravated break enter and steal - parity considerations where co-offender sentenced by Childrens Court - relevance of four year difference in age between applicant and juvenile co-offender.

LEGISLATION CITED: Crimes Act 1900

R v Colgan [1999] NSWCCA 292 CASES CITED: R v Boney [2001] NSWCCA 432 R v Rushby [1999] NSWCCA 104

PARTIES: Applicant - Warren William Douglas Respondent - The Queen

FILE NUMBER(S): CCA 1817/2005

COUNSEL: Applicant - Ms D Yehia Respondent - Mr G Rowling

SOLICITORS: Applicant - C Hunter Respondent: Mr S Kavanagh

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 02/21/1194

LOWER COURT JUDICIAL OFFICER: Dodd DCJ

IN THE COURT OF CRIMINAL APPEAL 1817/2005

SULLY J LATHAM J

5 April 2006 WARREN WILLIAM DOUGLAS V REGINA Judgment 1 SULLY J: I agree with Latham J. 2 LATHAM J: The applicant, Warren William Douglas, seeks leave to appeal against a sentence imposed by his Honour Judge Dodd on 3 March 2005. The applicant pleaded guilty to an indictment containing one count of aggravated break enter and steal pursuant to s112(2) of the Crimes Act 1900. A further offence of take and drive conveyance without consent of the owner was taken into account on a Form One document. The Judge imposed a non-parole period of one year and eight months with a balance of term being one year and eight months. The offence on indictment carries a maximum penalty of 20 years' imprisonment.