Grace v Regina [2006] NSWCCA 286

New South Wales Court of Criminal Appeal

CITATION: Grace v Regina [2006] NSWCCA 286

HEARING DATE(S): 21 June 2006 - orders made that day, reasons delivered 28 September 2006.

JUDGMENT DATE: 28 September 2006

JUDGMENT OF: Giles JA at 1; Grove J at 1; Hidden J at 1

DECISION: The Court granted leave to appeal and allowed the appeal. The sentence in the District Court was quashed, and the applicant was sentenced to imprisonment for two-and-a half years, to date from 7 March 2005, with a non-parole period to commence on 7 March 2005 and to expire on 22 June 2006. The Court ordered that she be released on parole on that day.

CATCHWORDS: CRIMINAL LAW: - application for leave to appeal against sentence - break enter and steal - applicant sentenced to same term as co-offender - relativity of sentences - whether applicant entitled to be dealt with more leniently than co-offender - whether justified sense of grievance.

CASES CITED: R v Engert (1995) 84 A Crim R 67

PARTIES: Rebecca Grace (applicant) Regina (respondent)

FILE NUMBER(S): CCA 2006/1264

COUNSEL: Ms A Francis (applicant) P G Ingram (respondent)

SOLICITORS: Legal Aid Commission (applicant) Solicitor for Public Prosecutions (respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 05/11/0564

LOWER COURT JUDICIAL OFFICER: Ainslie-Wallace DCJ

LOWER COURT DATE OF DECISION: 04/11/2005

IN THE COURT OF CRIMINAL APPEAL 2006/1264 GILES JA GROVE J HIDDEN J 28 September 2006

Rebecca Grace v Regina

Judgment 1 THE COURT: The applicant, Rebecca Christine Grace, pleaded guilty in the District Court to a charge of break enter and steal, an offence carrying a maximum sentence of fourteen years imprisonment. She was sentenced to imprisonment for three years with a non-parole period of eighteen months, to commence on 7 March 2005. She sought leave to appeal against that sentence and the application was heard on 21 June 2006. 2 The Court granted leave to appeal and allowed the appeal. The sentence in the District Court was quashed, and the applicant was sentenced to imprisonment for two-and-a half years, to date from 7 March 2005, with a non-parole period to commence on 7 March 2005 and to expire on 22 June 2006. The Court ordered that she be released on parole on that day. These are our reasons for that decision.