Regina v Otchere [2007] NSWCCA 367

New South Wales Court of Criminal Appeal

CITATION: Regina v Otchere [2007] NSWCCA 367

HEARING DATE(S): 10 September 2007

JUDGMENT DATE: 21 December 2007

JUDGMENT OF: Mason P at 1; Adams J at 2; Smart AJ at 48

DECISION: Crown Appeal dismissed

CATCHWORDS: Crown Appeal against lenient sentences for two robberies in company. Actual violence used. Very strong, exceptional and unique subjective case of respondent. Crown Appeal dismissed in exercise of Court's discretion

LEGISLATION CITED: Criminal Appeal Act 1912 Crimes (Sentencing Procedure) Act 1999

Pearce v The Queen (1998) 194 CLR 610 R v Henry (1999) 46 NSWLR 346 CASES CITED: R v Thomson (2000) 49 NSWLR 383 R v Houlton (2000) 49 NSWLR 383 R v Collins [2005] NSWCCA 198 R v Fidow [2004] NSWCCA 172

PARTIES: Regina v Kwadjo (Joe) Otchere

FILE NUMBER(S): CCA 2007/3260

COUNSEL: M Barr - Appellant - Crown C Loukas - Respondent

S Kavanagh - Solr for Public Prosecutions SOLICITORS: Shopfront Youth Legal Centre (per Freehills) - Respondent

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 06/11/0938

LOWER COURT JUDICIAL OFFICER: Payne DCJ

LOWER COURT DATE OF DECISION: 29/03/07

IN THE COURT OF CRIMINAL APPEAL

2007/3260

MASON P ADAMS J SMART AJ

21 December 2007 REGINA v KWADJO (JOE) OTCHERE Judgment

1. MASON P: I agree with Adams J.

ADAMS J:

Introduction

2. This is an appeal by the Director of Public Prosecutions against sentences imposed in the District Court on 29 March 2007 on the ground that they are manifestly inadequate. The respondent was charged with the following offences – 1. On the 8 April 2006 at Surry Hills he did rob Robert Napier of certain property, to wit, a pension card, Medicare card and Commonwealth ATM card and $200 in cash, the property of Robert Napier, whilst in the company of two unknown males. 2. On the 8 April 2006 at Surry Hills he did rob Brijinder Sandhu of certain property, to wit, a Nokia phone, a number of bankcards, driver's licence, other cards and $50 the property of Brijinder Sandhu, whilst being in the company of two unknown males. 3. The sentencing hearing occurred on 29 March 2007 and, following ex tempore reasons, the following sentences were imposed – In relation to the first charge, a non-parole period of one year and five months to date from 20 December 2006 expiring on 19 May 2008 and a balance of term of two years and one month expiring on 19 June 2010. On the second charge the respondent was sentenced (in effect) to a fixed term of thirteen months' imprisonment commencing 20 December 2006 and expiring on 19 January 2008.