Collins v R [2006] NSWCCA 162

New South Wales Court of Criminal Appeal

CITATION: Collins v R [2006] NSWCCA 162

HEARING DATE(S): 10 March 2006

JUDGMENT DATE: 22 May 2006

JUDGMENT OF: Spigelman CJ at 1; Simpson J at 2; Johnson J at 86

DECISION: (i) appeal against conviction dismissed; (ii) leave granted to appeal against sentence; (iii) appeal against sentence allowed to the extent only that the sentence of imprisonment for eight years with a non-parole period of five years to commence on 16 February 2005 be set aside. The appellant re-sentenced to a period of imprisonment for eight years, commencing on 8 October 2004 and expiring on 7 October 2012, with a non-parole period of five years, expiring on 7 October 2009.

CATCHWORDS: appeal against conviction - application for leave to appeal against sentence - aggravated armed robbery with wounding - conflicting accounts given by complainant - leave granted to Crown Prosecutor to cross-examine complainant - directions to jury with respect to evidence of identification - complainant and complainant's husband known to appellant - complainant's husband pleaded guilty to charge of accessory after fact of armed robbery of his wife - complainant's out of court representations at variance with trial identification evidence - directions to jury - unreliable evidence - descriptive evidence - warning not required - warning not prohibited - no error in directions to jury - directions adequate - whether verdict unreasonable - appellant's prior criminal record - offence committed whilst on conditional liberty - victim vulnerable - planned criminal activity - whether appellant knew of victim's vulnerability - pre-trial period in custody - sentence to reflect pre-trial period in custody

Crimes Act 1900 s96 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s9, s12, s21A Evidence Act 1995 s38, s116, s165