Steven Gregory Browne v Regina [2006] NSWCCA 62

New South Wales Court of Criminal Appeal

CITATION: Steven Gregory Browne v Regina [2006] NSWCCA 62

HEARING DATE(S): 1 February 2006

JUDGMENT DATE: 14 March 2006

JUDGMENT OF: Sully J at 1; Latham J at 32

DECISION: Leave to appeal against sentence granted; Appeal against sentence dismissed

LEGISLATION CITED: Crimes Act 1900 (NSW)

Lowe v The Queen (1984) 154 CLR 606 CASES CITED: Postiglione v The Queen (1997) Reg v Diamond (unreported: NSWCCA 18/2/93) Reg v Chen & ors [2002] NSWCCA 447

PARTIES: Steven Gregory Browne Regina

FILE NUMBER(S): CCA 2005/2164

COUNSEL: G. Rowling - Crown H. Dhanji - Appellant

SOLICITORS: S. Kavanagh - Crown S. O'Connor - Appellant

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 04/21/1213 04/21/1209

LOWER COURT JUDICIAL OFFICER: Knight DCJ

IN THE COURT OF CRIMINAL APPEAL 2005/2164

SULLY J LATHAM J

14 March 2006 Steven Gregory BROWNE v REGINA Judgment

SULLY J:

Introduction 1 On 19 November 2004 the present applicant, Mr. Browne, pleaded guilty before a Local Court Magistrate to a charge of robbery; and to three charges of robbery in company. He was committed accordingly to the District Court for sentence. He adhered, in the District Court, to his pleas of guilty. 2 The applicant stood for sentence on 26 April 2005 before his Honour Judge Knight. At the request of the applicant his Honour took into account a further offence of robbery in company. 3 An offence of robbery contravenes section 94 of the Crimes Act 1900 (NSW) and attracts upon conviction a statutory maximum penalty of imprisonment for 14 years. An offence of robbery in company contravenes section 97(1) of the Crimes Act and attracts upon conviction a statutory maximum penalty of imprisonment for 20 years. 4 His Honour passed sentence as follows: · On the count of robbery: a fixed term of 1 year · On one count of robbery in company, and taking into account the additional robbery in company offence which the applicant had asked to be so taken into account: a non-parole period of 2-1/2 years and a balance of term of 2-1/2 years. · On each of the remaining counts of robbery in company: a non-parole period of 2 years and a balance of term of 2 years. 5 The sentences were dated so as to be partly cumulative and partly concurrent. That dating yielded an overall non-parole period of 3-1/2 years and an overall balance of term of 2-1/2 years. The overall head term was, therefore, one of 6 years. 6 The applicant now seeks leave to appeal against sentence. He relies only upon a parity point which is expressed as follows in the formal Notice of Grounds: "The applicant has a justifiable sense of grievance by virtue of the disparity between the sentences imposed upon him and those imposed upon his co-offenders Matthew Jones and Samantha Fratus."